Supreme Court of India · 2009-03-03
DILIP KUMAR GARG vs STATE OF U.P. .
- Citation / case number
- SC 2006/32421
- Court
- Supreme Court of India
- Petitioner
- DILIP KUMAR GARG
- Respondent
- STATE OF U.P. .
- Author
- MARKANDEY KATJU
Judgment text excerpt
The Supreme Court examined the validity of Rule 5(ii) of the U.P. Public Works Department Group-B Civil Engineering Service Rules 2004, which allows promotion of diploma holders without requiring them to pass a qualifying examination, potentially violating Article 14 of the Constitution. The Court referenced previous judgments, including State of Jammu & Kashmir vs. Triloki Nath Khosa and Mohammad Shujat Ali, to establish that treating unequals as equals in promotion criteria is unconstitutional. The Court ultimately held that Rule 5(ii) is unconstitutional as it contravenes the principles of equality enshrined in Article 14.