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1994 Supreme(SC) 900

KULDIP SINGH, B.L.HANSARIA
T. R. Kothandaraman – Appellant
Versus
T. N. Water Supply And Drainage Board Engineers Association – Respondent


Advocates:
A.MARIAPUTHAM, A.T.M.SAMPATH, A.V.RANGAM, AMBRISH KUMAR, ARUNA MATHUR, AVADH BIHARI ROHTAGI, C.S.VAIDYANATHAN, INDIRA JAISINGH, K.K.MANI, K.N.BHATT, K.R.CHOUDHARY, K.V.MOHAN, M.N.KRISHNA MANI, P.R.SITHARAMAN, PRABIR ANAND CHAUDHARY, R.K.JAIN, R.MOHAN, R.NEDUMARAN, RAJU RAMACHANDRAN, S.BALAKRISHNAN, S.R.Setia, S.SIVA SUBRAMANIAM, Tripurari Ray, V.BALACHANDRAN, V.KRISHNAMURTHY, V.R.REDDY, VINIT KUMAR

JUDGMENT

HANSARIA,J.:

1. The golden triangle of bur constitution is composed of Articles 14, 19 and 21. Incorporation of such a trinity in our paramount parchment is for the purpose of paving such a path for the people of India which may see them close to the trinity of liberty, equality and fraternity. It could also be said that the trio assists the deprived and destroys the exploiters of the depressed class.

2. In the cases at hand, we are concerned with one of the constitutional trinities, namely, Article 14 and that too with one of its facets as embodied in Article 16, which takes care of equality of opportunity in matters of public employment. As to what Article 16 has to say when right to be considered for promotion is either barred or restricted on the basis of educational qualifications, with which aspect of Article 16 we are concerned in these cases, has been spelt out by a good number of Constitution Bench decisions of this Court. It is not necessary to take note of all those case. It would be enough to first apprise ourselves as to what such a Bench had said in the case of State of Jammu & Kashmir v. Trilokinath Khosa, 1974 (1) SCR 771. Chandrachud, J., as hen then was, spe































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