JANKI PRASAD PARIMOO & ORS. ETC. ETC. versus STATE OF JAMMU & KASHMIR & ORS.

JANKI PRASAD PARIMOO & ORS. ETC. ETC. versus STATE OF JAMMU & KASHMIR & ORS.

Selections made by the Departmental Promotion Committee solely on the basis of interview, without considering character rolls and service records, and with an unreasonably low cut-off score, are invalid. The Jammu & Kashmir Scheduled Castes and Backward Classes (Reservation Rules) 1970 are defective and not capable of being given effect to as they do not properly identify socially and educationally backward classes; reservation based on these rules is unconstitutional.

Parties
Petitioner: Janki Prasad Parimoo & Ors. Etc. Etc.; Respondent: State of Jammu & Kashmir & Ors.
Jurisdiction
India
Judgment Date
10 January 1973
Procedural Posture
Writ Petitions Under Article 32 of the Constitution of India / Judgment After Hearing on Merits
Outcome
Petitions allowed. Selections made by the Departmental Promotion Committee are set aside.
Legal Topics
Reservation in Promotion, Backward Classes Identification, Merit Cum Seniority, Validity of Selection Process
Service Law Constitutional Law Reservation Law Reservation in Promotion Backward Classes Identification Merit Cum Seniority Validity of Selection Process

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Parties

Janki Prasad Parimoo & Ors. Etc. Etc.

Petitioner

State of Jammu & Kashmir & Ors.

Respondent

Procedural Posture

Writ Petitions Under Article 32 of the Constitution of India / Judgment After Hearing on Merits

Legal Issues

  1. 1 Whether the selection of teachers for promotion to Headmaster and higher posts based solely on interview, without regard to character roll and confidential reports, is valid.
  2. 2 Whether the Jammu & Kashmir Scheduled Castes and Backward Classes (Reservation Rules) 1970 are in violation of Article 16 of the Constitution of India.

Ratio Decidendi

Selections made by the Departmental Promotion Committee solely on the basis of interview, without considering character rolls and service records, and with an unreasonably low cut-off score, are invalid. The Jammu & Kashmir Scheduled Castes and Backward Classes (Reservation Rules) 1970 are defective and not capable of being given effect to as they do not properly identify socially and educationally backward classes; reservation based on these rules is unconstitutional.

Court Disposition

Petitions allowed. Selections made by the Departmental Promotion Committee are set aside.

Orders

  • All Head Masters and Tehsil Education Officers confirmed or promoted prior to the filing of Writ Petition No. 107/1965 will not be affected.
  • All other teachers, including those officiating as Head Masters and Tehsil Education Officers and eligible for promotion, shall have their cases reviewed with proper selection in accordance with the 1969 Rules, considering character rolls and confidential records; interviews shall not be the sole test.