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

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

Distribution of posts and promotions based solely on community or residence does not constitute reservation for backward classes under Article 16(4) and violates the constitutional guarantees under Articles 16(1) and 16(2).

Parties
Petitioner: Triloki Nath & Anr.; Respondent: State of Jammu & Kashmir & Ors.
Jurisdiction
India
Judgment Date
23 April 1968
Procedural Posture
Writ Petition / Original Jurisdiction
Outcome
petition allowed
Legal Topics
Reservation, Equality, Discrimination, Backward Classes, Public Employment
Constitutional Law Reservation Equality Discrimination Backward Classes Public Employment

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Parties

Triloki Nath & Anr.

Petitioner

State of Jammu & Kashmir & Ors.

Respondent

Procedural Posture

Writ Petition / Original Jurisdiction

Legal Issues

  1. 1 Whether reservation of posts on the basis of religion and place of residence is protected by Article 16(4) of the Constitution of India
  2. 2 Whether the State's policy of distribution of posts communitywise violates Articles 16(1) and 16(2)

Ratio Decidendi

Distribution of posts and promotions based solely on community or residence does not constitute reservation for backward classes under Article 16(4) and violates the constitutional guarantees under Articles 16(1) and 16(2).

Court Disposition

petition allowed

Orders

  • Promotions granted to respondents 3 to 83 declared void as contrary to Articles 16(1) and 16(4).
  • State may devise a scheme consistent with constitutional guarantees for reservation in favour of backward classes not adequately represented.