ANOOP KUMAR DHAND
Mohan Lal Sharma S/o Prabhu Dayal Sharma – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The law of the land must be enforced in a manner that puts all citizens on the same footing. If the law favours any citizen on any unreasonable ground such as class, status, gender or place of residence etc. the law is unfair and fails to perform its purpose, which is to uphold justice. Every subject of a state must be considered an equal before law and no subject must be treated with some special consideration on an unreasonable ground such as gender, race, class, religion or place of residence, etc. This concept can be summed up in the phrases “equality before law” and “equal protection of law.”
2. This concept can also be found in Article 7 of the Universal Declaration of Human Rights, of which India was a signatory. This provision states that “All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.”
3. The legal issue involved in these writ petitions is “whether 10 additional bonus marks can be granted to the candidates/personnel, for opting their present place of posting?” Wh
A.V.S. Narasimha Rao v. State of A.P. (1970) 1 SCR 115
Ashish Kumar Vs. State of Uttar Pradesh
Himachal Pradesh Vs. Amar Nath Sharma & Ors. 1994 (4) SLR 436
The court ruled that granting bonus marks based on residence violates the principles of equality under Articles 14, 15, and 16 of the Constitution.
The main legal point established in the judgment is that the classification made by the rule making authority in granting bonus marks for working experience was unreasonable and violative of Articles....
Article 16 of Constitution of India talks about equality of opportunity in matters of public employment.
Classification based on educational qualifications for promotion in public service is valid if it promotes academic excellence and has a rational basis.
The circular issued by the Board of Basic Education allowing candidates from zero vacancy districts to participate in the selection process for the post of Assistant Teachers was valid as it was in c....
The main legal point established in the judgment is that age relaxation and the award of bonus marks to project-employed applicants were found to be valid and non-discriminatory under the Rajasthan P....
The allocation of postings must be fair, transparent, and based on established merit principles, ensuring that no employee is arbitrarily deprived of their rightful position.
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