Thursday, June 20, 2024

๐—๐˜‚๐—ฑ๐—ถ๐—ฐ๐—ถ๐—ฎ๐—น๐——๐—ฟ๐—ฒ๐—ฎ๐—บโ„ข

๐™ฐ๐™ต๐™ต๐™พ๐š๐™ณ๐™ฐ๐™ฑ๐™ป๐™ด & ๐™ฐ๐™ฒ๐™ฒ๐™ด๐š‚๐š‚๐™ธ๐™ฑ๐™ป๐™ด

CASE LAWSCONSTITUTIONLEGAL AFFAIRS

PROMOTION & HIGHER EDUCATION

ASHOK KUMAR vs. STATE OF JAMMU AND KASHMIR SC 2021

The prescription of a Higher educational qualification as a qualification for promotion to a post cannot be held as violative of Articles 14 and 16 of the Constitution

The legal position in this regard was summarised as follows:ยญ

(i) Higher educational qualification is a permissible basis of classification, acceptability of which will depend on the facts and circumstances

(ii) Higher educational qualification can be the basis not only for barring promotion, but also for restricting the scope of promotion

(iii) restriction placed cannot however go to the extent of seriously jeopardising the chances of promotion.”

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