G. SUNDARESWARARAO versus THE GOVERNMENT OF A. P. AND ORS.

G. SUNDARESWARARAO versus THE GOVERNMENT OF A. P. AND ORS.

The requirement of not less than 5 years experience after acquiring post-graduate qualification for promotion is a legislative intention of mandatory character and cannot be considered ultra vires or arbitrary.

Parties
Petitioner: G. Sundareswararao; Respondents: Government of Andhra Pradesh and others
Jurisdiction
India
Judgment Date
26 February 1996
Procedural Posture
Special Leave Petition (civil) / Final Order
Outcome
Petition dismissed
Legal Topics
Promotion, Ad Hoc Service Rules, Experience Qualification
Service Law Promotion Ad Hoc Service Rules Experience Qualification

Case Brief

Summary, issues, holding and outcome

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Parties

G. Sundareswararao

Petitioner

Government of Andhra Pradesh and others

Respondents

Procedural Posture

Special Leave Petition (civil) / Final Order

Legal Issues

  1. 1 Whether Rule 4(b) of the A.P. Institute of Preventive Medicine Service Ad hoc Rules requiring 5 years experience after post-graduation for promotion is ultra vires or arbitrary
  2. 2 Whether petitioner is entitled to be considered for promotion without the minimum experience as per subsequent rules

Ratio Decidendi

The requirement of not less than 5 years experience after acquiring post-graduate qualification for promotion is a legislative intention of mandatory character and cannot be considered ultra vires or arbitrary.

Court Disposition

Petition dismissed

Orders

  • Petitioner’s case for promotion will be considered under subsequent rules if minimum experience is waived.