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2010 Supreme(J&K) 56

MOHAMMAD YAQOOB MIR
All India NHPC Diploma Engineers – Appellant
Versus
NHPC Ltd. – Respondent


Advocates Appeared:
Advocate For Appellant: Pranav Kohli
Advocate For Appellant: P.S. Chandel
Advocate For Respondent: R.S. Thakur
Advocate For Respondent: Pankaj Jamwal

1. The two LPAs were heard by the Division Bench of this Court. Learned Judges constituting the Bench differed, as a result thereof the points of difference have been stated as under :-

"1. Whether classification based on educational qualification alone is permissible or nexus with the objectives of the statute or policy has to be established while making promotion to the higher post?

2. Whether Diploma Holder Engineers can be discriminated from Degree Holder Engineers for the purpose of promotional avenues beyond a particular level by prescribing higher qualification."

2. In terms of Rule 36(2) of the Jammu and Kashmir High Court Rules, 1999, the matter has been placed before Honble Chief Justice and thereafter has been assigned. That is how these LPAs are placed before this Bench.

3. To precisely notice the factual aspect of the matter shall be advantageous for determination of the points of difference in its right perspective:

National Hydro Electric Power Corporation Limited (hereinafter for short referred to as "NHPC") is a Government company setup with the object of planning, promoting and organising the integrated and efficient development of Hydro Power in all the spheres includ

























































































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