MAKHANLAL WAZA & ORS. versus STATE OF JAMMU & KASHMIR & ORS.

MAKHANLAL WAZA & ORS. versus STATE OF JAMMU & KASHMIR & ORS.

Promotions of teachers to gazetted posts in the Education Department of Jammu & Kashmir, made on the basis of communal policy (an allocation of 50% posts to Muslims, 40% to Jammu Hindus, 10% to others), are unconstitutional and violate Article 16, as neither proper identification of backward classes nor reservation policies sanctioned by law justified such distribution. The law laid down by the Supreme Court in earlier cases applies to all promotions made under the same policy, even regarding persons not parties to the previous petition.

Parties
Petitioner: Makhanlal Waza & Ors.; Respondent: State of Jammu & Kashmir & Ors.; Respondent: Respondents Nos. 7 to 9, 12, 13, 19 to 21, 27 to 29, 33, 34, 41, 47, 49, 57 to 59, 63, 64, 67, 68, 70, 110 to 113, 115, 117, 118, 121 to 124, 128, 130, 133, 134, 136, 142, 145, 146, 157, 164, 174, 182, 186, 198, 219, 232 to 236, 240, 245 to 250.
Jurisdiction
India
Judgment Date
23 February 1971
Procedural Posture
Writ Petition Under Article 32 / Final Judgment
Outcome
petition allowed
Legal Topics
Reservation Policy, Promotion in Government Service, Equality Before Law
Constitutional Law Public Employment Law Reservation Policy Promotion in Government Service Equality Before Law

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Parties

Makhanlal Waza & Ors.

Petitioner

State of Jammu & Kashmir & Ors.

Respondent

Respondents Nos. 7 to 9, 12, 13, 19 to 21, 27 to 29, 33, 34, 41, 47, 49, 57 to 59, 63, 64, 67, 68, 70, 110 to 113, 115, 117, 118, 121 to 124, 128, 130, 133, 134, 136, 142, 145, 146, 157, 164, 174, 182, 186, 198, 219, 232 to 236, 240, 245 to 250.

Respondent

Procedural Posture

Writ Petition Under Article 32 / Final Judgment

Legal Issues

  1. 1 Whether promotion of teachers based on communal policy violates Article 16
  2. 2 Whether the law declared in Triloki Nath’s case binds the state regarding persons not parties to the earlier petition
  3. 3 Whether adjustment of reverted teachers into similar posts with same emoluments circumvents the Supreme Court judgment

Ratio Decidendi

Promotions of teachers to gazetted posts in the Education Department of Jammu & Kashmir, made on the basis of communal policy (an allocation of 50% posts to Muslims, 40% to Jammu Hindus, 10% to others), are unconstitutional and violate Article 16, as neither proper identification of backward classes nor reservation policies sanctioned by law justified such distribution. The law laid down by the Supreme Court in earlier cases applies to all promotions made under the same policy, even regarding persons not parties to the previous petition.

Court Disposition

petition allowed

Orders

  • All promotions made to higher posts or grades pursuant to the communal policy set aside.
  • All appointments must be revised and reconsidered in accordance with law.