STATE OF JAMMU & KASHMIR versus TRILOKI NATH KHOSA & ORS.

STATE OF JAMMU & KASHMIR versus TRILOKI NATH KHOSA & ORS.

Although direct recruits and promotees were integrated into a common class of Assistant Engineers, classification for the purpose of promotion to the post of Executive Engineer based on educational qualifications (degree holders eligible, diploma holders not) is reasonable and does not violate Articles 14 and 16 of the Constitution. Such a rule is prospective in its operation, and the onus to prove the lack of nexus between classification and the objects of efficiency or administrative necessity was not discharged by the respondents.

Parties
Appellant: State of Jammu & Kashmir; Respondents: Triloki Nath Khosa & Ors.
Jurisdiction
India
Judgment Date
26 September 1973
Procedural Posture
Appeal (civil) / Supreme Court Judgment on Appeal From Division Bench of High Court
Outcome
appeal allowed
Legal Topics
Classification of Government Employees, Promotion, Equality Before the Law, Educational Qualifications and Promotions
Constitutional Law Service Law Classification of Government Employees Promotion Equality Before the Law Educational Qualifications and Promotions

Case Brief

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Parties

State of Jammu & Kashmir

Appellant

Triloki Nath Khosa & Ors.

Respondents

Procedural Posture

Appeal (civil) / Supreme Court Judgment on Appeal From Division Bench of High Court

Legal Issues

  1. 1 Whether after integration of direct recruits and promotees into a common class of Assistant Engineers, they can be classified for promotion as Executive Engineers based on educational qualifications; Whether such a classification violates Articles 14 and 16 of the Constitution of India

Ratio Decidendi

Although direct recruits and promotees were integrated into a common class of Assistant Engineers, classification for the purpose of promotion to the post of Executive Engineer based on educational qualifications (degree holders eligible, diploma holders not) is reasonable and does not violate Articles 14 and 16 of the Constitution. Such a rule is prospective in its operation, and the onus to prove the lack of nexus between classification and the objects of efficiency or administrative necessity was not discharged by the respondents.

Court Disposition

appeal allowed

Orders

  • The impugned rule stands upheld; graduates are eligible for promotion to Executive Engineer to the exclusion of diploma holders.
  • No order as to costs.