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2012 Supreme(J&K) 818

Mansoor Ahmad Mir, MUZAFFAR HUSSAIN ATTAR
State Of J&K – Appellant
Versus
Ab. Rashid – Respondent


Advocates Appeared:
D.C. Raina, Mokshah Qazmi, Jahangir Iqbal Ganai, Z.A. Qureshi, Salman Mattoo, M.A. Chashoo.

Muzaffar Hussain Attar.

1. India, an ancient land, has witnessed and experienced all kinds of trials and tribulations. In pre constitution era certain sections of the society suffered many kinds of disadvantages. On the dawn of independence, the constitution makers, who were great visionaries, provided means and methods, in the Constitution itself, to enable the deprived and disadvantaged classes of the society to rub shoulders with those classes of the society who for variety of reasons were catapulted to advantageous position. Constitution cast solemn duty on the State to take steps for removing abominable disparities between different sections of the society.

2. The conferring of advantages and benefits on the deprived sections of the society, would pre suppose undertaking the exercise for ascertaining the level of disadvantages and deprivations from which they suffer and thereafter by law mechanism is to be provided for overcoming such disadvantages. In the guise of removing disparities, benefits cannot be conferred, to the disadvantage of other sections of the society.

3. In the public employment in view of the mandate contained in Article 16(4) of Constitution of India, the Stat
















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