STATE OF MADHYA PRADESH versus RAMASHANKAR RAGHUVANSHI & ANOTHER

STATE OF MADHYA PRADESH versus RAMASHANKAR RAGHUVANSHI & ANOTHER

Seeking police reports about the political faith and past political activity of a candidate for public employment violates the fundamental rights guaranteed by Articles 14 and 16 of the Constitution unless such affinities are likely to affect integrity or efficiency.

Parties
Petitioner: State of Madhya Pradesh; Respondent: Ram Shankar Raghuvanshi; Respondent: Another
Jurisdiction
India
Judgment Date
21 February 1983
Procedural Posture
Petition for Special Leave to Appeal (civil) / Dismissal in Limine
Outcome
petition dismissed in limine
Legal Topics
Public Employment, Political Activity, Fundamental Rights
Constitutional Law Public Employment Political Activity Fundamental Rights

Case Brief

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Parties

State of Madhya Pradesh

Petitioner

Ram Shankar Raghuvanshi

Respondent

Another

Respondent

Procedural Posture

Petition for Special Leave to Appeal (civil) / Dismissal in Limine

Legal Issues

  1. 1 Whether seeking a police report on a candidate's past political activity and faith for public employment violates Articles 14 and 16 of the Constitution.

Ratio Decidendi

Seeking police reports about the political faith and past political activity of a candidate for public employment violates the fundamental rights guaranteed by Articles 14 and 16 of the Constitution unless such affinities are likely to affect integrity or efficiency.

Court Disposition

petition dismissed in limine

Orders

  • Petition for special leave dismissed.
  • Termination quashed on ground of constitutional violation.