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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL, SANJAY KUMAR JAISWAL
Hardeo Ram Sahu S/o Shri Madhulal Sahu – Appellant
Versus
State of Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. common legal and factual questions arise. (Para 1 , 2 , 3) |
| 2. petitioners argue amendment is unconstitutional. (Para 4 , 5 , 6) |
| 3. state defends amendment as reasonable and legal. (Para 7 , 8 , 9) |
| 4. burden of proof lies on those challenging the statute. (Para 10 , 11 , 12) |
| 5. hardship does not invalidate legislation. (Para 20 , 28 , 31) |
| 6. legitimacy of classifications based on qualifications. (Para 21 , 23 , 24) |
| 7. amendment upheld; writ petitions dismissed. (Para 34) |
ORDER :
1. In this batch of writ petitions, the petitioners herein have questioned the constitutional validity of notification dated 14-6-2021, whereby the Chhattisgarh Secretariat Service Recruitment Rules, 2012 (for short ‘the Rules of 2012’) have been amended inserting Bachelor’s Degree as qualification for appointment by promotion to the posts of Joint Secretary, Deputy Secretary, Under Secretary and Section Officer in serial Nos.1, 2, 3 and 7 of Schedule-IV, in addition to the requisite experience. All the posts with respect to which the challenge has been made, are 100% promotional posts.
2. Since common question of law and fact is involved in this batch of writ petitions, they have been clubbed toge
The amendment mandating a Bachelor's Degree for certain promotions was constitutionally valid, emphasizing the employer's prerogative to set qualification standards related to job responsibilities.
Classification based on educational qualifications for promotion in public service is valid if it promotes academic excellence and has a rational basis.
The amendment affecting chances of promotion for employees does not necessarily constitute a change in the conditions of service, and the State has the power to unilaterally amend service rules.
Classification based on educational qualifications for promotion is permissible under Articles 14 and 16 of the Constitution, provided it is reasonable and has a rational connection to the objectives....
The amendment allowing work-charged employees to seek promotion is constitutionally valid, as it involves rational classification and does not violate equality provisions.
The court upheld the validity of amended promotion rules, ruling they apply prospectively and that participation in the selection process waives the right to challenge it.
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