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PRASHANT KUMAR MISHRA, N. V. ANJARIA
Kamal Prasad Dubey – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. case background and initial rulings. (Para 2 , 3) |
| 2. arguments by the parties regarding promotion. (Para 4 , 5) |
| 3. legal requirements for educational qualifications. (Para 6) |
| 4. court analysis of discrimination and equal treatment. (Para 7 , 8) |
| 5. contradictions in the division bench ruling. (Para 9) |
| 6. final decision and order of the court. (Para 10 , 11) |
JUDGMENT :
N.V. ANJARIA, J.
Leave granted.
2. Discrimination is the other name of injustice.
2.1 The challenge in these appeals addressed by the appellant-original petitioner to the order dated 11.11.2019 passed by the Division Bench of the High Court of Madhya Pradesh, Jabalpur, allowing Writ Appeal No. 1758 of 2019, and to order dated 17.12.2019 dismissing the corresponding Review Petition No. 1665 of 2019, deserves to be considered in light of the above principle.
2.2 The appellant filed Writ Petition No. 12814 of 2016 before learned Single Judge of the High Court in which he challenged order dated 07.06.2016 passed by the Commissioner-cum-Registrar, Cooperative Societies, Bhopal-respondent No. 2 herein, whereby the request of respondent No. 5- Primary Agricultural Cooperative Society for relaxing the educational quali
Discrimination in promotion based on arbitrary denial of relaxation in educational qualifications violates Articles 14 and 16 of the Constitution, mandating equal treatment for all employees in publi....
Promotions within public service must adhere to established criteria to uphold equality under Articles 14 and 16 of the Constitution, prohibiting arbitrary decisions that favor select individuals.
Article 14 is an integral part of our system, each and every State action is to be tested on touchstone of equality.
Fixing eligibility for a particular post or even for admission to a course falls within exclusive domain of legislature/executive and cannot be subject matter of judicial review.
Classification based on educational qualifications for promotion is a valid exercise of administrative authority that does not violate constitutional equality protections. Financial career progressio....
(1) Classification between persons must not produce artificial inequalities. The classification must be founded on a reasonable basis and must bear nexus to the object and purpose sought to be achiev....
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