KAILASH CHAND SHARMA ETC. ETC. versus STATE OF RAJASTHAN AND ORS.

KAILASH CHAND SHARMA ETC. ETC. versus STATE OF RAJASTHAN AND ORS.

Awarding bonus marks to residents of districts or rural areas for selection to public employment is unconstitutional, as residence by itself cannot be a ground for preferential treatment or reservation except as provided in Article 16(3). The reasons for such classification lack nexus to the object sought to be achieved (spread of education at primary level) and dilute merit. The Court upheld application of prospective overruling, confining relief only to writ petitioners before the High Court and validating appointments made up to the cut-off date in view of the factual scenario and earlier High Court decisions.

Parties
Petitioner: Kailash Chand Sharma; Respondent: State of Rajasthan; Petitioner: Unsuccessful candidates (writ petitioners before High Court); Respondent: Counsel appearing for successful candidates; Advocate: Other named advocates
Jurisdiction
India
Judgment Date
30 July 2002
Procedural Posture
Civil Appeal and Writ Petition / Supreme Court Appeal From Rajasthan High Court Full Bench and Division Bench Judgments
Outcome
Appeals disposed of; High Court judgment modified; writ petition dismissed.
Legal Topics
Equality, Residence Based Preference, Prospective Overruling, Affirmative Action, Discrimination, Public Employment Selection, Bonus Marks Policy
Constitutional Law Administrative Law Public Employment Service Law Equality Residence Based Preference Prospective Overruling Affirmative Action +3 more

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Parties

Kailash Chand Sharma

Petitioner

State of Rajasthan

Respondent

Unsuccessful candidates (writ petitioners before High Court)

Petitioner

Counsel appearing for successful candidates

Respondent

Other named advocates

Advocate

Procedural Posture

Civil Appeal and Writ Petition / Supreme Court Appeal From Rajasthan High Court Full Bench and Division Bench Judgments

Legal Issues

  1. 1 Validity of awarding bonus marks to residents of districts and rural areas in selection to public employment
  2. 2 Whether residence can be a basis for preferential treatment in employment under Articles 14 and 16 of Constitution
  3. 3 Application of doctrine of prospective overruling to selections already completed

Ratio Decidendi

Awarding bonus marks to residents of districts or rural areas for selection to public employment is unconstitutional, as residence by itself cannot be a ground for preferential treatment or reservation except as provided in Article 16(3). The reasons for such classification lack nexus to the object sought to be achieved (spread of education at primary level) and dilute merit. The Court upheld application of prospective overruling, confining relief only to writ petitioners before the High Court and validating appointments made up to the cut-off date in view of the factual scenario and earlier High Court decisions.

Court Disposition

Appeals disposed of; High Court judgment modified; writ petition dismissed.

Orders

  • Claims of writ petitioners to be considered afresh vis-à-vis candidates appointed on or after 18.11.1999 or select list candidates yet to be appointed; if found to have superior merit after excluding bonus marks, writ petitioners to be offered appointments, possibly displacing post-18.11.1999 appointees.
  • Appointments made up to 17.11.1999 not to be reopened or reconsidered.