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Supreme Court Decisions/Judgements Directory

Shirish Govind Prabhudesai vs State Of Maharashtra And Ors

Judges: J S Verma, Yogeshwar Dayal Andn Venkatachala, Jj Act Education Professional Colleges Migration Transfer Of Student From One Medical College To Another Condition Of Eligibility Student Of Non Recognised Medical College Refused Transfer To Recognised Medical Colleges Validity Of Constitution Of India 1950 Art 14 Migration Transfer Of Students From One Medical College To Another Eligibility Condition Refused Of Transfer To Students Of Non Recognised Medical College Whether Arbitrary And Unreasonable Headnote The Present Writ Petitions, Special Leave Petitions And Civil Appeals Relate To The Right Of A Student Admitted In A Medical College Not Recognised By The Medical Council Of India To Claim Migration Transfer To A Medical College Recognised By The Medical Council Of India After Passing The First Mbbs Examination The Condition Of Eligibility For Migration Transfer To A Recognised Medical College Has Been Prescribed By The Colleges On The Basis Of One Of The Recommendations One Of The Recommendation On Graduate Medical Education Adopted By The Medical Council Of India This Condition Relates To Migration Medical College To Another Recognised Medical College It Was Contended On Behalf Of The Aggrieved Student That Differentiation Between Student Of Non Recognised Medical Colleges And Recognised Medical Colleges For Purpose Of Migration Transfer When The Degree Of Mbbs Awarded To Students Of Both The Categories Of Medical Colleges Stood Recognised By The University To Which The Colleges Were Affiliated, Was Discriminatory And Arbitrary Disposing Of The Matters, This Court, Held 1 1 Unless A Recognised Medical College Offers To Admit By Migration Transfer Some Students From Another Medical College No Student Can Claim As Of Right Admission By Migration Transfer To That Medical College A Recognised Medical College When It Decides To Admit By Migration Transfer Some Student After Passing The First Mbbs Examination From Another Medical Colleges, Can Restrict Its Choice Only To Students Who Were Admitted To And Have Passed The First Mbbs Examination From A Recognised Medical Colleges Undoubtedly, It Is One Of The Recommendations On Graduated Medical Education Adopted By The Medical Council Of India Which Is Being Acted Upon By Recognised Medical Colleges While Taking Student By Migration Transfer 106 E, F G

21 October, 1992·PETITIONER:UNION OF INDIA THROUGH SECRETARY, GOVERN-MENT OF INDIA, MINI Vs. RESPONDENT:D.C.M. LIMITED AND ORS. ETC. DATE OF JUDGMENT13/03/1990 BENCH:PUNCHHI, M.M. BENCH:PUNCHHI, M.M. MISRA RANGNATH AGRAWAL, S.C. (J) CITATION:1990 SCR (1) 951 1990 SCC (2) 371 JT 1990 (1) 412 1990 SCALE (1)449 ...

Shirish Govind Prabhudesai vs State Of Maharashtra And Ors

Judges: J S Verma, Yogeshwar Dayal Andn Venkatachala, Jj Act Education Professional Colleges Migration Transfer Of Student From One Medical College To Another Condition Of Eligibility Student Of Non Recognised Medical College Refused Transfer To Recognised Medical Colleges Validity Of Constitution Of India 1950 Art 14 Migration Transfer Of Students From One Medical College To Another Eligibility Condition Refused Of Transfer To Students Of Non Recognised Medical College Whether Arbitrary And Unreasonable Headnote The Present Writ Petitions, Special Leave Petitions And Civil Appeals Relate To The Right Of A Student Admitted In A Medical College Not Recognised By The Medical Council Of India To Claim Migration Transfer To A Medical College Recognised By The Medical Council Of India After Passing The First Mbbs Examination The Condition Of Eligibility For Migration Transfer To A Recognised Medical College Has Been Prescribed By The Colleges On The Basis Of One Of The Recommendations One Of The Recommendation On Graduate Medical Education Adopted By The Medical Council Of India This Condition Relates To Migration Medical College To Another Recognised Medical College It Was Contended On Behalf Of The Aggrieved Student That Differentiation Between Student Of Non Recognised Medical Colleges And Recognised Medical Colleges For Purpose Of Migration Transfer When The Degree Of Mbbs Awarded To Students Of Both The Categories Of Medical Colleges Stood Recognised By The University To Which The Colleges Were Affiliated, Was Discriminatory And Arbitrary Disposing Of The Matters, This Court, Held 1 1 Unless A Recognised Medical College Offers To Admit By Migration Transfer Some Students From Another Medical College No Student Can Claim As Of Right Admission By Migration Transfer To That Medical College A Recognised Medical College When It Decides To Admit By Migration Transfer Some Student After Passing The First Mbbs Examination From Another Medical Colleges, Can Restrict Its Choice Only To Students Who Were Admitted To And Have Passed The First Mbbs Examination From A Recognised Medical Colleges Undoubtedly, It Is One Of The Recommendations On Graduated Medical Education Adopted By The Medical Council Of India Which Is Being Acted Upon By Recognised Medical Colleges While Taking Student By Migration Transfer 106 E, F G

21 October, 1992·PETITIONER:INCOME TAX OFFICER, CUTTACK AND ORS.Vs. RESPONDENT:BIJU PATNAIK DATE OF JUDGMENT07/12/1990 BENCH:RAMASWAMY, K. BENCH:RAMASWAMY, K. KULDIP SINGH (J) CITATION:1991 AIR 464 1990 SCR Supl. (3) 488 1991 SCC Supl. (1) 161 JT 1990 (4) 731 1990 SCALE (2)1248 ACT:Income Tax Act, 1961: Sectio...

Shirish Govind Prabhudesai vs State Of Maharashtra And Ors

Judges: J S Verma, Yogeshwar Dayal Andn Venkatachala, Jj Act Education Professional Colleges Migration Transfer Of Student From One Medical College To Another Condition Of Eligibility Student Of Non Recognised Medical College Refused Transfer To Recognised Medical Colleges Validity Of Constitution Of India 1950 Art 14 Migration Transfer Of Students From One Medical College To Another Eligibility Condition Refused Of Transfer To Students Of Non Recognised Medical College Whether Arbitrary And Unreasonable Headnote The Present Writ Petitions, Special Leave Petitions And Civil Appeals Relate To The Right Of A Student Admitted In A Medical College Not Recognised By The Medical Council Of India To Claim Migration Transfer To A Medical College Recognised By The Medical Council Of India After Passing The First Mbbs Examination The Condition Of Eligibility For Migration Transfer To A Recognised Medical College Has Been Prescribed By The Colleges On The Basis Of One Of The Recommendations One Of The Recommendation On Graduate Medical Education Adopted By The Medical Council Of India This Condition Relates To Migration Medical College To Another Recognised Medical College It Was Contended On Behalf Of The Aggrieved Student That Differentiation Between Student Of Non Recognised Medical Colleges And Recognised Medical Colleges For Purpose Of Migration Transfer When The Degree Of Mbbs Awarded To Students Of Both The Categories Of Medical Colleges Stood Recognised By The University To Which The Colleges Were Affiliated, Was Discriminatory And Arbitrary Disposing Of The Matters, This Court, Held 1 1 Unless A Recognised Medical College Offers To Admit By Migration Transfer Some Students From Another Medical College No Student Can Claim As Of Right Admission By Migration Transfer To That Medical College A Recognised Medical College When It Decides To Admit By Migration Transfer Some Student After Passing The First Mbbs Examination From Another Medical Colleges, Can Restrict Its Choice Only To Students Who Were Admitted To And Have Passed The First Mbbs Examination From A Recognised Medical Colleges Undoubtedly, It Is One Of The Recommendations On Graduated Medical Education Adopted By The Medical Council Of India Which Is Being Acted Upon By Recognised Medical Colleges While Taking Student By Migration Transfer 106 E, F G

21 October, 1992·PETITIONER:DR. DAMODAR PANDA ETC.Vs. RESPONDENT:STATE OF ORISSA ETC.DATE OF JUDGMENT16/07/1990 BENCH:MISRA RANGNATH BENCH:MISRA RANGNATH KULDIP SINGH (J) CITATION:1990 AIR 1901 1990 SCR (3) 390 1990 SCC (4) 11 JT 1990 (3) 196 1990 SCALE (2)93 ACT:Inter-State Migrant Workmen (Regulation of Em...

Shirish Govind Prabhudesai vs State Of Maharashtra And Ors

Judges: J S Verma, Yogeshwar Dayal Andn Venkatachala, Jj Act Education Professional Colleges Migration Transfer Of Student From One Medical College To Another Condition Of Eligibility Student Of Non Recognised Medical College Refused Transfer To Recognised Medical Colleges Validity Of Constitution Of India 1950 Art 14 Migration Transfer Of Students From One Medical College To Another Eligibility Condition Refused Of Transfer To Students Of Non Recognised Medical College Whether Arbitrary And Unreasonable Headnote The Present Writ Petitions, Special Leave Petitions And Civil Appeals Relate To The Right Of A Student Admitted In A Medical College Not Recognised By The Medical Council Of India To Claim Migration Transfer To A Medical College Recognised By The Medical Council Of India After Passing The First Mbbs Examination The Condition Of Eligibility For Migration Transfer To A Recognised Medical College Has Been Prescribed By The Colleges On The Basis Of One Of The Recommendations One Of The Recommendation On Graduate Medical Education Adopted By The Medical Council Of India This Condition Relates To Migration Medical College To Another Recognised Medical College It Was Contended On Behalf Of The Aggrieved Student That Differentiation Between Student Of Non Recognised Medical Colleges And Recognised Medical Colleges For Purpose Of Migration Transfer When The Degree Of Mbbs Awarded To Students Of Both The Categories Of Medical Colleges Stood Recognised By The University To Which The Colleges Were Affiliated, Was Discriminatory And Arbitrary Disposing Of The Matters, This Court, Held 1 1 Unless A Recognised Medical College Offers To Admit By Migration Transfer Some Students From Another Medical College No Student Can Claim As Of Right Admission By Migration Transfer To That Medical College A Recognised Medical College When It Decides To Admit By Migration Transfer Some Student After Passing The First Mbbs Examination From Another Medical Colleges, Can Restrict Its Choice Only To Students Who Were Admitted To And Have Passed The First Mbbs Examination From A Recognised Medical Colleges Undoubtedly, It Is One Of The Recommendations On Graduated Medical Education Adopted By The Medical Council Of India Which Is Being Acted Upon By Recognised Medical Colleges While Taking Student By Migration Transfer 106 E, F G

21 October, 1992·PETITIONER:YADLAPATI VENKATESWARLU Vs. RESPONDENT:STATE OF ANDHRA PRADESH AND ANR. DATE OF JUDGMENT11/09/1990 BENCH:SAIKIA, K.N. (J) BENCH:SAIKIA, K.N. (J) MUKHARJI, SABYASACHI (CJ) CITATION:1991 AIR 704 1990 SCR Supl. (1) 381 1992 SCC Supl. (1) 74 JT 1990 (4) 19 1990 SCALE (2)519 ACT:Andhra P...

Shirish Govind Prabhudesai vs State Of Maharashtra And Ors

Judges: J S Verma, Yogeshwar Dayal Andn Venkatachala, Jj Act Education Professional Colleges Migration Transfer Of Student From One Medical College To Another Condition Of Eligibility Student Of Non Recognised Medical College Refused Transfer To Recognised Medical Colleges Validity Of Constitution Of India 1950 Art 14 Migration Transfer Of Students From One Medical College To Another Eligibility Condition Refused Of Transfer To Students Of Non Recognised Medical College Whether Arbitrary And Unreasonable Headnote The Present Writ Petitions, Special Leave Petitions And Civil Appeals Relate To The Right Of A Student Admitted In A Medical College Not Recognised By The Medical Council Of India To Claim Migration Transfer To A Medical College Recognised By The Medical Council Of India After Passing The First Mbbs Examination The Condition Of Eligibility For Migration Transfer To A Recognised Medical College Has Been Prescribed By The Colleges On The Basis Of One Of The Recommendations One Of The Recommendation On Graduate Medical Education Adopted By The Medical Council Of India This Condition Relates To Migration Medical College To Another Recognised Medical College It Was Contended On Behalf Of The Aggrieved Student That Differentiation Between Student Of Non Recognised Medical Colleges And Recognised Medical Colleges For Purpose Of Migration Transfer When The Degree Of Mbbs Awarded To Students Of Both The Categories Of Medical Colleges Stood Recognised By The University To Which The Colleges Were Affiliated, Was Discriminatory And Arbitrary Disposing Of The Matters, This Court, Held 1 1 Unless A Recognised Medical College Offers To Admit By Migration Transfer Some Students From Another Medical College No Student Can Claim As Of Right Admission By Migration Transfer To That Medical College A Recognised Medical College When It Decides To Admit By Migration Transfer Some Student After Passing The First Mbbs Examination From Another Medical Colleges, Can Restrict Its Choice Only To Students Who Were Admitted To And Have Passed The First Mbbs Examination From A Recognised Medical Colleges Undoubtedly, It Is One Of The Recommendations On Graduated Medical Education Adopted By The Medical Council Of India Which Is Being Acted Upon By Recognised Medical Colleges While Taking Student By Migration Transfer 106 E, F G

21 October, 1992·PETITIONER:HIRALAL CHAWLA & ANR.Vs. RESPONDENT:STATE OF U.P. & ORS.DATE OF JUDGMENT13/02/1990 BENCH:MISRA RANGNATH BENCH:MISRA RANGNATH PUNCHHI, M.M. AGRAWAL, S.C. (J) CITATION:1990 SCR (1) 325 1990 SCC (2) 149 JT 1990 (1) 194 1990 SCALE (1)161 ACT:Land Acquisition Act, 1894: Section 4(1)--NO...

Shirish Govind Prabhudesai vs State Of Maharashtra And Ors

Judges: J S Verma, Yogeshwar Dayal Andn Venkatachala, Jj Act Education Professional Colleges Migration Transfer Of Student From One Medical College To Another Condition Of Eligibility Student Of Non Recognised Medical College Refused Transfer To Recognised Medical Colleges Validity Of Constitution Of India 1950 Art 14 Migration Transfer Of Students From One Medical College To Another Eligibility Condition Refused Of Transfer To Students Of Non Recognised Medical College Whether Arbitrary And Unreasonable Headnote The Present Writ Petitions, Special Leave Petitions And Civil Appeals Relate To The Right Of A Student Admitted In A Medical College Not Recognised By The Medical Council Of India To Claim Migration Transfer To A Medical College Recognised By The Medical Council Of India After Passing The First Mbbs Examination The Condition Of Eligibility For Migration Transfer To A Recognised Medical College Has Been Prescribed By The Colleges On The Basis Of One Of The Recommendations One Of The Recommendation On Graduate Medical Education Adopted By The Medical Council Of India This Condition Relates To Migration Medical College To Another Recognised Medical College It Was Contended On Behalf Of The Aggrieved Student That Differentiation Between Student Of Non Recognised Medical Colleges And Recognised Medical Colleges For Purpose Of Migration Transfer When The Degree Of Mbbs Awarded To Students Of Both The Categories Of Medical Colleges Stood Recognised By The University To Which The Colleges Were Affiliated, Was Discriminatory And Arbitrary Disposing Of The Matters, This Court, Held 1 1 Unless A Recognised Medical College Offers To Admit By Migration Transfer Some Students From Another Medical College No Student Can Claim As Of Right Admission By Migration Transfer To That Medical College A Recognised Medical College When It Decides To Admit By Migration Transfer Some Student After Passing The First Mbbs Examination From Another Medical Colleges, Can Restrict Its Choice Only To Students Who Were Admitted To And Have Passed The First Mbbs Examination From A Recognised Medical Colleges Undoubtedly, It Is One Of The Recommendations On Graduated Medical Education Adopted By The Medical Council Of India Which Is Being Acted Upon By Recognised Medical Colleges While Taking Student By Migration Transfer 106 E, F G

21 October, 1992·PETITIONER:DR. DINESH KUMAR AND ORS Vs. RESPONDENT:MOTI LAL NEHRU MEDICAL COLLEGE ALLAHABADAND ORS. DATE OF JUDGMENT31/08/1990 BENCH:MISRA RANGNATH BENCH:MISRA RANGNATH KULDIP SINGH (J) CITATION:1990 AIR 2030 1990 SCR Supl. (1) 135 1990 SCC (4) 627 JT 1990 (3) 707 1990 SCALE (2)454 ACT:Profe...

Shirish Govind Prabhudesai vs State Of Maharashtra And Ors

Judges: J S Verma, Yogeshwar Dayal Andn Venkatachala, Jj Act Education Professional Colleges Migration Transfer Of Student From One Medical College To Another Condition Of Eligibility Student Of Non Recognised Medical College Refused Transfer To Recognised Medical Colleges Validity Of Constitution Of India 1950 Art 14 Migration Transfer Of Students From One Medical College To Another Eligibility Condition Refused Of Transfer To Students Of Non Recognised Medical College Whether Arbitrary And Unreasonable Headnote The Present Writ Petitions, Special Leave Petitions And Civil Appeals Relate To The Right Of A Student Admitted In A Medical College Not Recognised By The Medical Council Of India To Claim Migration Transfer To A Medical College Recognised By The Medical Council Of India After Passing The First Mbbs Examination The Condition Of Eligibility For Migration Transfer To A Recognised Medical College Has Been Prescribed By The Colleges On The Basis Of One Of The Recommendations One Of The Recommendation On Graduate Medical Education Adopted By The Medical Council Of India This Condition Relates To Migration Medical College To Another Recognised Medical College It Was Contended On Behalf Of The Aggrieved Student That Differentiation Between Student Of Non Recognised Medical Colleges And Recognised Medical Colleges For Purpose Of Migration Transfer When The Degree Of Mbbs Awarded To Students Of Both The Categories Of Medical Colleges Stood Recognised By The University To Which The Colleges Were Affiliated, Was Discriminatory And Arbitrary Disposing Of The Matters, This Court, Held 1 1 Unless A Recognised Medical College Offers To Admit By Migration Transfer Some Students From Another Medical College No Student Can Claim As Of Right Admission By Migration Transfer To That Medical College A Recognised Medical College When It Decides To Admit By Migration Transfer Some Student After Passing The First Mbbs Examination From Another Medical Colleges, Can Restrict Its Choice Only To Students Who Were Admitted To And Have Passed The First Mbbs Examination From A Recognised Medical Colleges Undoubtedly, It Is One Of The Recommendations On Graduated Medical Education Adopted By The Medical Council Of India Which Is Being Acted Upon By Recognised Medical Colleges While Taking Student By Migration Transfer 106 E, F G

21 October, 1992·PETITIONER:SHIRISH GOVIND PRABHUDESAI Vs. RESPONDENT:STATE OF MAHARASHTRA AND ORS. DATE OF JUDGMENT21/10/1992 BENCH:[J.S VERMA, YOGESHWAR DAYAL ANDN. VENKATACHALA,JJ.] ACT:Education-Professional Colleges:Migration/transfer of student from one Medical college to another - condition of eligibility-stu...

Shamkant Narayan Despande vs Maharashtra Industrial Developmentcorporation And Anr

Judges: P B Sawant And G N Ray Jj Act Civil Services Maharashtra Industrial Development Act 1991 Section 64 Resolution Passed In 1988 Promotion To The Post Of Superintending Engineer Resolution Reserving 75 Of Posts Engineering Graduates And 25 To Diploma Holders Validity Of Constitution Of India 1950 Article 14 16 Promotion Officer Holding The Same Post Classification On The Basis Of Qualification Whether Violative Of Headnote The Petitioner A Diploma Holders In Engineering Was Executive Engineer In The Respondent Corporation He Would Have Been Promoted As Superintending Engineer But For A Resolution Passed In 1988 Making 75 Of The Posts Of Superintending Engineers Available To Executive Engineers With Diploma In Engineering Degrees And 25 To Executive Engineers With Diploma In Engineering Respondent No 2 Who Junior To Petitioner But Had Engineering Degree Was Promoted As Superintending Engineer The Petitioner Challenged The Promotion Of Respondent No 2 Before The High Court By Way Of A Writ Petition The High Court Having Dismissed The Same The Petitioner Preferred The Present Special Leave Petition On Behalf Of The Petitioner It Was Contended That Since There Was A Common Seniority List Of Executive Engineers Any Classification On The Basis Of Education Qualification Was Discriminatory And Violative Of Articles 14 And 16 Of The Constitution And That In The Absence Of Any Statutory Rule Or Regulation A Mere Resolution Could Not Effect Such Discrimination Dismissing The Petition This Court Held 1 1 It Is Now Well Settled That For The Purpose Of Promotion A Valid Classification Can Be Made Among The Members Holding The Same Post On The Basis Of Their Qualification Such A Classification Is Permissible And Does Not Violate Articles 14 And 16 Of The Constitution 99 A B 1 2 It Is For The Authorities If They So Desire Taking Into Consideration The Nature Of Work The Requisite Qualification For The Work And The Necessity For Making A Classification To Prescribe Quotas On The Basis Of Educational Qualification 99 D State Of Jammu, Kashmir V Triloki Nath Khosa, Ors 1974 1 Scr 771 Followed H C Sharma, Ors V Municipal Corporation Of Delhi

21 October, 1992·PETITIONER:UNION OF INDIA AND ORS.Vs. RESPONDENT:SURYA PHOSPHATE LIMITED AND ANR. DATE OF JUDGMENT12/08/1992 BENCH:SAWANT, P.B. BENCH:SAWANT, P.B. KULDIP SINGH (J) CITATION:1993 AIR 1620 1992 SCR (3) 817 1992 SCC (4) 1 JT 1992 (4) 481 1992 SCALE (2)159 ACT:Administrative Law :Price control...

Shamkant Narayan Despande vs Maharashtra Industrial Developmentcorporation And Anr

Judges: P B Sawant And G N Ray Jj Act Civil Services Maharashtra Industrial Development Act 1991 Section 64 Resolution Passed In 1988 Promotion To The Post Of Superintending Engineer Resolution Reserving 75 Of Posts Engineering Graduates And 25 To Diploma Holders Validity Of Constitution Of India 1950 Article 14 16 Promotion Officer Holding The Same Post Classification On The Basis Of Qualification Whether Violative Of Headnote The Petitioner A Diploma Holders In Engineering Was Executive Engineer In The Respondent Corporation He Would Have Been Promoted As Superintending Engineer But For A Resolution Passed In 1988 Making 75 Of The Posts Of Superintending Engineers Available To Executive Engineers With Diploma In Engineering Degrees And 25 To Executive Engineers With Diploma In Engineering Respondent No 2 Who Junior To Petitioner But Had Engineering Degree Was Promoted As Superintending Engineer The Petitioner Challenged The Promotion Of Respondent No 2 Before The High Court By Way Of A Writ Petition The High Court Having Dismissed The Same The Petitioner Preferred The Present Special Leave Petition On Behalf Of The Petitioner It Was Contended That Since There Was A Common Seniority List Of Executive Engineers Any Classification On The Basis Of Education Qualification Was Discriminatory And Violative Of Articles 14 And 16 Of The Constitution And That In The Absence Of Any Statutory Rule Or Regulation A Mere Resolution Could Not Effect Such Discrimination Dismissing The Petition This Court Held 1 1 It Is Now Well Settled That For The Purpose Of Promotion A Valid Classification Can Be Made Among The Members Holding The Same Post On The Basis Of Their Qualification Such A Classification Is Permissible And Does Not Violate Articles 14 And 16 Of The Constitution 99 A B 1 2 It Is For The Authorities If They So Desire Taking Into Consideration The Nature Of Work The Requisite Qualification For The Work And The Necessity For Making A Classification To Prescribe Quotas On The Basis Of Educational Qualification 99 D State Of Jammu, Kashmir V Triloki Nath Khosa, Ors 1974 1 Scr 771 Followed H C Sharma, Ors V Municipal Corporation Of Delhi

21 October, 1992·PETITIONER:STATE OF ANDHRA PRADESH ETC. ETC.Vs. RESPONDENT:M. LAKSHMI DEVI ETC. ETC. DATE OF JUDGMENT13/01/1993 BENCH:BHARUCHA S.P. (J) BENCH:BHARUCHA S.P. (J) SHARMA, L.M. (CJ) MOHAN, S. (J) CITATION:1993 SCR (1) 179 1993 SCC (2) 421 JT 1993 (1) 274 1993 SCALE (1)69 ACT:Andhra Pradesh Land...

Shamkant Narayan Despande vs Maharashtra Industrial Developmentcorporation And Anr

Judges: P B Sawant And G N Ray Jj Act Civil Services Maharashtra Industrial Development Act 1991 Section 64 Resolution Passed In 1988 Promotion To The Post Of Superintending Engineer Resolution Reserving 75 Of Posts Engineering Graduates And 25 To Diploma Holders Validity Of Constitution Of India 1950 Article 14 16 Promotion Officer Holding The Same Post Classification On The Basis Of Qualification Whether Violative Of Headnote The Petitioner A Diploma Holders In Engineering Was Executive Engineer In The Respondent Corporation He Would Have Been Promoted As Superintending Engineer But For A Resolution Passed In 1988 Making 75 Of The Posts Of Superintending Engineers Available To Executive Engineers With Diploma In Engineering Degrees And 25 To Executive Engineers With Diploma In Engineering Respondent No 2 Who Junior To Petitioner But Had Engineering Degree Was Promoted As Superintending Engineer The Petitioner Challenged The Promotion Of Respondent No 2 Before The High Court By Way Of A Writ Petition The High Court Having Dismissed The Same The Petitioner Preferred The Present Special Leave Petition On Behalf Of The Petitioner It Was Contended That Since There Was A Common Seniority List Of Executive Engineers Any Classification On The Basis Of Education Qualification Was Discriminatory And Violative Of Articles 14 And 16 Of The Constitution And That In The Absence Of Any Statutory Rule Or Regulation A Mere Resolution Could Not Effect Such Discrimination Dismissing The Petition This Court Held 1 1 It Is Now Well Settled That For The Purpose Of Promotion A Valid Classification Can Be Made Among The Members Holding The Same Post On The Basis Of Their Qualification Such A Classification Is Permissible And Does Not Violate Articles 14 And 16 Of The Constitution 99 A B 1 2 It Is For The Authorities If They So Desire Taking Into Consideration The Nature Of Work The Requisite Qualification For The Work And The Necessity For Making A Classification To Prescribe Quotas On The Basis Of Educational Qualification 99 D State Of Jammu, Kashmir V Triloki Nath Khosa, Ors 1974 1 Scr 771 Followed H C Sharma, Ors V Municipal Corporation Of Delhi

21 October, 1992·PETITIONER:STATE OF HARYANA AND ORS. ETC. ETC.Vs. RESPONDENT:PIARA SINGH AND ORS. ETC. ETC. DATE OF JUDGMENT12/08/1992 BENCH:JEEVAN REDDY, B.P. (J) BENCH:JEEVAN REDDY, B.P. (J) AHMADI, A.M. (J) KULDIP SINGH (J) CITATION:<table cellspacing="0" style="border-collapse:collapse;margin-left:11.5pt"><tbod...