ASHOK KUMAR GUPTA AND ANR. versus STATE OF U.P. AND ORS.

ASHOK KUMAR GUPTA AND ANR. versus STATE OF U.P. AND ORS.

The directions in the Mandal Case postponing the effect of the declaration of invalidity of reservation in promotions were constitutional and within the powers of the Supreme Court. Promotions made prior to the expiry of the five year period were valid and not violative of Articles 14 or 16(1). Article 16(4-A) constitutionally guaranteed promotion rights for Dalits and Tribes upon inadequate representation.

Parties
Appellant: Ashok Kumar Gupta; Appellant: Another Appellant; Respondent: State of U.P.; Respondent: Others (Ors.); Respondent: Harbans Lal and others
Jurisdiction
India
Judgment Date
21 March 1997
Procedural Posture
Civil Appeal and Writ Petition / Supreme Court of India: Appeal From Allahabad High Court Judgment and Connected Writ Petition Under Article 32
Outcome
Appeal and writ petition dismissed.
Legal Topics
Reservations in Promotion, Prospective Overruling, Fundamental Rights, Stare Decisis
Constitutional Law Service Law Reservations in Promotion Prospective Overruling Fundamental Rights Stare Decisis

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Parties

Ashok Kumar Gupta

Appellant

Another Appellant

Appellant

State of U.P.

Respondent

Others (Ors.)

Respondent

Harbans Lal and others

Respondent

Procedural Posture

Civil Appeal and Writ Petition / Supreme Court of India: Appeal From Allahabad High Court Judgment and Connected Writ Petition Under Article 32

Legal Issues

  1. 1 Whether the Supreme Court in the Mandal Case (Indira Sawhney v. Union of India) could validly postpone effect of invalidity of reservation in promotion for five years
  2. 2 Whether right to promotion is a fundamental right, and whether Article 16(4-A) read with 16(4) and 14 guarantees fundamental right to promotion for Dalits and Tribes
  3. 3 Validity of promotion orders made in excess of the roster system

Ratio Decidendi

The directions in the Mandal Case postponing the effect of the declaration of invalidity of reservation in promotions were constitutional and within the powers of the Supreme Court. Promotions made prior to the expiry of the five year period were valid and not violative of Articles 14 or 16(1). Article 16(4-A) constitutionally guaranteed promotion rights for Dalits and Tribes upon inadequate representation.

Court Disposition

Appeal and writ petition dismissed.

Orders

  • Promotions of respondents upheld as legal and valid.
  • No order as to costs.