MOHAMMAD SHUJAT ALI & ORS. ETC. versus UNION OF INDIA & ORS. ETC.

MOHAMMAD SHUJAT ALI & ORS. ETC. versus UNION OF INDIA & ORS. ETC.

Fixation of a quota giving preference to graduate supervisors over non-graduate supervisors for promotion does not amount to unconstitutional discrimination where the classification is longstanding, rational, and supported by historical administrative practice, and where the reduction in promotion chances is validated by Central Government approval under the States Reorganisation Act. The government’s determination regarding equivalence of qualifications is binding unless shown to be arbitrary or mala fide.

Parties
Appellant/petitioner: Mohammad Shujat Ali & Ors.; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
03 May 1974
Procedural Posture
Civil Appeals and Writ Petitions / Supreme Court Judgment Disposing Appeals and Writ Petitions
Outcome
Appeals and writ petitions dismissed
Legal Topics
Promotion, Equivalence of Qualifications, Discrimination, Classification Under Article 14 and 16

Case Brief

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Parties

Mohammad Shujat Ali & Ors.

Appellant/petitioner

Union of India & Ors.

Respondent

Procedural Posture

Civil Appeals and Writ Petitions / Supreme Court Judgment Disposing Appeals and Writ Petitions

  1. 1 Whether the Andhra Pradesh Engineering Service Rules, 1966, as amended, and state orders reducing promotion opportunities for non-graduate supervisors violated service conditions protected under Section 115(7) of States Reorganisation Act, 1956
  2. 2 Whether the fixation of higher quota for graduate supervisors for promotion amounts to unconstitutional discrimination violating Articles 14 and 16 of the Constitution
  3. 3 Whether the determination of equivalence of educational qualifications by the government can be interfered with by the Court

Ratio Decidendi

Fixation of a quota giving preference to graduate supervisors over non-graduate supervisors for promotion does not amount to unconstitutional discrimination where the classification is longstanding, rational, and supported by historical administrative practice, and where the reduction in promotion chances is validated by Central Government approval under the States Reorganisation Act. The government’s determination regarding equivalence of qualifications is binding unless shown to be arbitrary or mala fide.

Court Disposition

Appeals and writ petitions dismissed

Orders

  • No order as to costs all throughout