V.K.SOOD versus SECRETARY, CIVIL AVIATION AND ORS.

V.K.SOOD versus SECRETARY, CIVIL AVIATION AND ORS.

In the exercise of rule-making power under the proviso to Article 309, the President or authorised person is entitled to prescribe method of recruitment and qualifications for appointment to posts under the State; such statutory rules cannot be impeached as tailor-made to suit specific individuals or as discriminatory. No motives can be attributed to the Legislature in making the law.

Parties
Appellant: V.K. Sood; Respondents: Secretary, Civil Aviation and Ors.
Jurisdiction
India
Judgment Date
14 May 1993
Procedural Posture
Civil Appeal / Appeal From Dismissal of Writ Petition by Delhi High Court
Outcome
appeal dismissed
Legal Topics
Recruitment Rules, Article 309, Discrimination in Public Employment
Constitutional Law Administrative Law Recruitment Rules Article 309 Discrimination in Public Employment

Case Brief

Summary, issues, holding and outcome

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Parties

V.K. Sood

Appellant

Secretary, Civil Aviation and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Dismissal of Writ Petition by Delhi High Court

Legal Issues

  1. 1 Whether the amended recruitment rules for the post of Examiner of Personnel are discriminatory or tailor-made to exclude the appellant
  2. 2 Whether motives can be attributed to the Legislature in the making of recruitment rules under Article 309
  3. 3 Whether the Court should prescribe qualifications for technical posts such as navigators or pilots

Ratio Decidendi

In the exercise of rule-making power under the proviso to Article 309, the President or authorised person is entitled to prescribe method of recruitment and qualifications for appointment to posts under the State; such statutory rules cannot be impeached as tailor-made to suit specific individuals or as discriminatory. No motives can be attributed to the Legislature in making the law.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed
  • no costs