AI Overview...
- Discriminatory Treatment in Appointment and Selection Processes
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Several cases highlight discrimination based on gender, disability, or administrative discrepancies during recruitment and promotion. For example, non-compliance with statutory reservations for women candidates and discriminatory reversion of disabled persons indicate systemic biases Piar Ali VS State of Assam and Ors. - Gauhati, Amrit Pal Singh VS State Of Haryana - Punjab and Haryana, State of Himachal Pradesh VS Abhinav Soni - Himachal Pradesh.
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Arbitrary and Unfair Criteria Leading to Discrimination
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Courts have found selection criteria that are arbitrary, irrational, or changed mid-process as discriminatory. For instance, changing eligibility criteria for candidates or excluding candidates based on outdated lists or inadequate grading was deemed arbitrary and discriminatory Bullo Apa vs The State of AP - Gauhati, SR DIVISIONAL MANAGER & 3 vs PAREKH BIMAL HASMUKHBHAI - Gujarat.
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Violation of Constitutional Principles (Articles 14 and 16)
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Many judgments emphasize that discrimination among persons similarly situated violates Articles 14 and 16 of the Constitution, which guarantee equality and equal opportunity in public employment Ratul Devi Sarma VS State of Assam - Gauhati, Indravadan H. Shah VS State Of Gujarat - Supreme Court.
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Hostile and Unequal Treatment Post-Selection
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Reversion, denial of benefits like Non-Productivity Allowance (NPA), and hostile treatment towards promotees or certain categories (e.g., Veterinary Officers) are identified as discriminatory practices Amrit Pal Singh VS State Of Haryana - Punjab and Haryana, State of Himachal Pradesh VS Abhinav Soni - Himachal Pradesh.
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Judicial Intervention Upholding Equal Treatment
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Courts have intervened to declare discriminatory practices illegal, emphasizing the need for fair, transparent, and non-discriminatory selection and promotion processes. They have directed authorities to mitigate discriminatory effects and uphold principles of equity ANILKUMAR HIMMATLAL ARYA & ORS. vs THE STATE OF GUJARAT & ORS. - Gujarat, SR DIVISIONAL MANAGER & 3 vs PAREKH BIMAL HASMUKHBHAI - Gujarat.
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Conclusion
- The overarching insight from these cases is that discrimination—whether based on gender, disability, administrative irregularities, or arbitrary criteria—is unconstitutional and unlawful in public employment. Courts consistently advocate for equitable treatment, transparency, and adherence to constitutional guarantees to prevent discriminatory practices among persons appointed from the same selection process.
References:
- Piar Ali VS State of Assam and Ors. - Gauhati, Indravadan H. Shah VS State Of Gujarat - Supreme Court, Amrit Pal Singh VS State Of Haryana - Punjab and Haryana, Ratul Devi Sarma VS State of Assam - Gauhati, ANILKUMAR HIMMATLAL ARYA & ORS. vs THE STATE OF GUJARAT & ORS. - Gujarat, State of Himachal Pradesh VS Abhinav Soni - Himachal Pradesh, Municipal Commissioner VS Aparna Anil Kesarkar - Supreme Court, SR DIVISIONAL MANAGER & 3 vs PAREKH BIMAL HASMUKHBHAI - Gujarat, Bullo Apa vs The State of AP - Gauhati, Mukulika S. Jawalkar VS State of Maharashtra - Bombay
Search Results for "Discriminatory Treatment Amongst the Person Appointed from same Selection"
2013 0 Supreme(Gau) 820 • India - Gauhati
UJJAL BHUTAN
of the State service and for appointment to such posts and Group C comprising of only one case where challenge to the selection ... and appointment to Grade IV posts in the State service, Group B relating to challenge to selection and appointment to Grade in posts ... Non-Compliance Of Statutory Reservation For Women Candidates – Cases are broadly divided into three groups, Group A dealing with selection ... Whereas 158 selected candidates from amongst the Grade Ht list were appointed leaving out 114 ca....
1986 0 Supreme(SC) 91 • India - Supreme Court
B.C.RAY, E.S.VENKATARAMIAH, A.P.SEN
from amongst such persons (comprising of those holding the posts of Civil Judges (Junior Division) and those in the cadre of Civil ... Articles 14 and 16 – Gujarat Judicial Service Recruitment (Amendment) Rules 1979- 6(4)(iii)(a), Rule 6(4)(i) - Appointment to post - Selection ... Maharashtra Judicial Service, it is curious that this archaic, unreasonable and irrational rule which is ex facie arbitrary and discriminatory ... at the age of not more than 45 years (except in the case of a person belonging ....
2010 0 Supreme(P&H) 2210 • India - Punjab and Haryana
PERMOD KOHLI
It also held that the petitioners were subjected to reversion and discriminatory treatment. ... It also found that the petitioners were subjected to reversion and discriminatory treatment. ... against disabled persons in government employment. ... It is lastly contended that the petitioners have been given hostile and discriminatory treatment as against all those promotee Principals. ... 5. The State in its reply has justified its action. ... - State to deny appointm....
2003 0 Supreme(Gau) 113 • India - Gauhati
P.P.NAOLEKAR, RANJAN GOGOI
The selection made by applying the guidelines was not arbitrary or discriminatory. ... Issues: The issues revolved around the discriminatory nature of the guidelines dated 17.6.1992 and the preferential treatment ... 16 - (1998) 2 SCC 198, (1997) 7 SCC 592 - The court discussed the guidelines dated 17.6.1992 and the concept of discrimination amongst ... What Article 14 prohibits is discrimination amongst persons belonging to one class. Preferential or unequal #HL_STA....
2025 Supreme(Online)(Guj) 7822 • India - IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIKHIL S. KARIEL, J
... ... Issues: The primary issue of equitable treatment in eligibility for promotion and selection. ... ... ... Ratio Decidendi: The court emphasizes non-discriminatory practices in public service opportunities, requiring fair chances ... due to administrative discrepancies in promotion procedures, impacting their eligibility for selection. ... The discrimination prima facie being that the persons who had been appointed as Head Constables, by virtue of some selection#HL_E....
2015 0 Supreme(HP) 774 • India - Himachal Pradesh
MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN
The court found the State's actions to be discriminatory and upheld the entitlement of Veterinary Officers appointed on contract ... (NPA) and the discriminatory practices of the State in granting NPA to Medical Officers but denying it to Veterinary Officers appointed ... The court refers to the history of NPA and its grant in lieu of private practice, and emphasizes the need for equal treatment of ... As a discriminatory treatment was meted out to the appellants ther....
2024 0 Supreme(SC) 1863 • India - Supreme Court
PRASHANT KUMAR MISHRA, HRISHIKESH ROY
under labor laws and reinforced employees' rights against unfair practices, emphasizing the discriminatory treatment of the respondent ... ... ... Ratio Decidendi: The court highlighted that the respondent's proper selection process and qualifications demand protection ... Upon appeal, rightful reinstatement was argued due to discriminatory practices in termination. ... In the impugned order, the Court also noted that the ratio in Uma Devi (supra) cannot be applied to the present facts in as much as the respondent was ....
• India - Gujarat High Court
R.M.Doshit, K.M.Thaker, JJ
treatment for temporarily appointed candidates. ... 12, 13) ... ... Facts of the case: ... The appeals involve the cancellation of a candidate selection ... ... ... Findings of Court: ... The court upheld the principle that outdated candidate lists are discriminatory, mandating equitable ... Learned Single Judge has rightly issued the impugned directions to mitigate the discriminatory treatment meted out to the respondents. In support of his arguments Mr. ... We are of the opinio....
• India - Gauhati
Mr. Justice Robin Phukan, J
... ... Findings of Court: ... The decision to exclude the petitioner was deemed arbitrarily discriminatory, violating principles ... exclusion from transfer to the new Skill Development department based on inadequate APAR grading, claiming arbitrary changes in selection ... ... ... Issues: The central issue was whether a previously established selection criterion could be changed mid-process, impacting ... It is further submitted that since the Department of Skill Development and Entrepreneurship is newly created the Minister has ev....
2007 0 Supreme(Bom) 993 • India - Bombay
SWATANTER KUMAR, RANJANA DESAI
Keeping in view the number of applications, shortlisting criteria was adopted requiring that only person with 55 per cent marks in ... coupled with the object of selection process. ... The procedure of short-listing is not unknown to a process of selection. ... It is expected of a person who wishes to be appointed to the post of District Judge that he must be an income tax payee, should file income tax returns and also have 55 per cent marks in his/her Law Examination. ... 17. ... The Selecti....
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