Feedback   New User   Login      
Tax Management India. Com TMI - Tax Management India. Com
Acts / Rules Notifications Circulars Tariff/ ITC HSN Forms Case Laws Manuals Short Notes Articles SMS News Highlights
        Home        
Extracts
Home List
← Previous Next →

T.R. KOTHANDARAMAN Versus T.N. WATER SUPPLY AND DRAINAGE BD

1994 (9) TMI 357 - SUPREME COURT OF INDIA

W.P.(C) 3736 OF 1982 - Dated:- 13-9-1994 - KULDIP SINGH AND HANSARIA B.L., JJ The Judgment of the Court was delivered by B.L. HANSARIA, J.- The golden triangle of our Constitution is composed of Articles 14, 19 and 21. Incorporation of such a trinity in our paramount parchment is for the purpose of paving such a path for the people of India which may see them close to the trinity of liberty, equality and fraternity. It could also be said that the trio assists the deprived and destroys the exploi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

t out by a good number of Constitution Bench decisions of this Court. It is not necessary to take note of all those cases. It would be enough to first apprise ourselves as to what such a Bench had said in the case of State of J&K v. Triloki Nath Khosa1. Chandrachud, J., as he then was, speaking for self, Ray C.J., and Palekar, J., made certain pertinent observations in this regard which were very ably supplemented by Krishna Iyer, J., speaking for self and Bhagwati, J., as he then was. The s .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

to harmonise the requirements of public services with the aspirations of public servants. 3. Krishna Iyer, J., stated that the social meaning of Articles 14 and 16 is neither dull uniformity nor specious 'talentism'. Further, the soul of Article 16 is the promotion of the common man's capabilities, opening up full opportunities to develop without succumbing to the sophistic argument of the elite that talent is the privilege of the few and they must rule. But then, personnel policy do .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

lse to our egalitarian faith; and overdoing of classification would be undoing of equality. The Court has to function always as a sentinel on the qui vive. 4. Despite the difference in the underlying thoughts as reflected in the aforesaid two judgments, the Bench was unanimous on the question that educational qualifications can form the basis of a valid classification. In coming to this conclusion, Khosa Bench1 noted earlier decisions rendered in State of Mysore v. P Narasing Rao [1968] 1 SCR 40 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

mishes", they cannot be differentiated thereafter having been integrated into a common class, as that would amount to make equals unequals once again. To reinforce this understanding of Roshan Lal case4, the Khosal majority Judges pointed out that the very Bench which had decided that case had after a fortnight later in Narasing Rao case2 held that higher educational qualifications can form basis of classification for the purpose of fixing different pay scales to the persons belonging to th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

de on such basis, the same must be held to be valid, irrespective of the nature and purpose of the classification or the quality and extent of the difference in the educational qualifications. The learned Judge required it to be remembered that "life has relations not capable always of division into inflexible compartments". These moulds "expand and shrink". It was thereafter observed that in a case it may be perfectly legitimate for the administration to say that having rega .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

uates over non-graduates in the matter of fixation of the quota. Shujat Ali Bench5 ultimately took the stand that to permit discrimination based on educational attainments not obligated by nature of the duties of the higher post is to stifle the social thrust of equality clause. Even so, the Bench did not strike down the quota rule challenged before it because of the historical background noted at page 481 of the Report. 7. The aforesaid two decisions have been understood and applied differently .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

elying solely on Khosal. This was in Shamkant Narayan Deshpande v. Maharashtra Industrial Development Corporation, [1993] Supp. 2 SCC 194. These decisions, therefore, cannot be called in aid by any of the parties. For the same reason, we would say that the judgment of a three-Judge Bench in N. Abdul Basheer v. K. K. Karunakaran, [1989] 3 SCR 201 is not of much assistance to us, because, though that decision took note both of Khosal and Shujat Ali5, the ratio of 1:3 for graduates and non-graduate .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ns rendered in Khosal and Shujat Ali5 cases but some others as well on the point under examination made a very pertinent observation at page 268 of the Report. The same is that if diploma-holders (of course, on the justification of job-requirements and in the interest of maintaining a certain quality of technical expertise in the cadre) can validly be excluded from the eligibility for promotion to the higher cadre, it does not necessarily follow as inevitable corollary that the choice of the rec .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

hich prescribes as an essential part of the conditions for the very eligibility that the candidate must have a particular qualification plus a stipulated quantum of service experience. Being of this view, the rule in question laying down different period of service experience for diploma-holders and degree-holders was not found violative of Articles 14 and 16. 9. Before adverting to the decision rendered in P Murugesan v. State of Tamil Nadu [1993] 2 SCC 340, which has been pressed into service .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

as been noted in paragraph 14 of the judgment. Another decision is the one rendered in Govt. of A. P v. P Dilip Kumar, [1993] 2 SCC 310, holding that classification on the basis of hi-her educational qualifications to achieve higher administrative efficiency is permissible under our constitutional scheme, because of which the Bench did not find fault with giving of preference to the postgraduates as a class in matter of promotion. 10. We now come to the decision in Murugesan10, which is by a thr .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

o the Bench noted the ratio of Khosa case1 and observed in paragraph 14 that if diploma-holders can be barred altogether from promotion, it was difficult to appreciate how and why the rule-making was precluded from restricting the promotion. It was pointed out that the rule-making authority may be of the view, having regard to the efficiency of the administration and 'other relevant circumstances, that while it is not necessary to bar the diploma-holders from promotion alto-ether, their chan .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

isions in Shamkant7, Ravinder Kumar and Abdul Basheer were then traversed and the Bench upheld the validity of ratio of 3:1 between graduates and diploma-holders in promotion; so also, the longer qualifying period for service for diploma-holders. 12. An oven-hot decision was also brought to our notice the same being by a Bench of two Judges in Nageshwar Prasad v. Union of India, CA No. 3985/84 rendered on July 28, 1994. The Bench, after taking note of the decisions in Roop Chand, Dilip Kumar, Mu .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

urther, even if in a case the classification would not be acceptable to the court on principle, it would, before pronouncing its judgment, bear in mind the historical background. It is apparent that while judging the validity of the classification, the court shall have to be conscious about the need for maintaining efficiency in service and also whether the required qualification is necessary for the discharge of duties in the higher post. 14. The aforesaid propositions seem indisputable to us. .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

reach almost phenomenally. For the purpose of the cases at hand we may not dwell upon that it would be enough to note that even education (up to primary stage) was held by a Constitution Bench to be a part of Article 21 in Unni Krishnan, J. P v. State of A. P 15 The importance of education has been well brought home by Mohan, J., (a majority Judge) in his concurrent judgment by stating that education is "a preparation for living and for life, here and hereafter" and that education is .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e same time we shall have to remember that diploma-holders are drawn mainly from poorer families and they are incapable of making the degree grade. The "chill penury" should not, therefore, be allowed to " repress their noble rage". Social justice would not permit us to do so. It may be that social justice is not a fundamental right and what has been stated by Ramaswamy, J., (a minority Judge) in CESC Ltd. v. Subhash Chander, [1992] 3 SCR 23 about social justice being a part .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

depend on the facts and circumstances of each case. (2) Higher educational qualification can be the basis not only for barring promotion, but also for restricting the scope of promotion. (3) Restriction placed cannot however go to the extent of seriously jeopardising the chances of promotion. To decide this, the extent of restriction shall have also to be looked into to ascertain whether it is reasonable. Reasons for this are being indicated later. 17. Keeping in mind the aforesaid legal positio .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

harge those duties. We shall have to ascertain the historical setting as well of the services in question. We shall then see as to whether the restriction imposed is reasonable. TAMIL NADU AGRICULTURE ENGINEERING SERVICE CASES 19. The writ petitioners/appellants of this service have two grievances. The first is that the proviso to Regulation 19(2)(b) of Tamil Nadu Water Supply and Drainage Board Service Regulations, 1972 is violative of Article 16 of the Constitution. Secondly, what has been pro .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

This challenge has to fail because of what was held in Khosa case' according to which diploma-holders being less educationally qualified than degree- 16 (1992) 1 SCC 441 : 1992 SCC (L&S) 313 :(1992) 3 SCR 23 holders can be made non-eligible for promotion to higher post. The proviso really takes out the rigour by permitting the diploma-holders to be considered for promotion in case they were to show exceptional merit in their work. The proviso being thus favourable to the diploma-holders .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

t of which has been quoted at pages 13 to 16 of SLP (C) No. 10645 of 1989. A perusal of the same shows that the degree-holder Assistant Engineers were designated as Assistant Engineer (Agriculture Engineering) and given gazetted status, whereas diploma-holders were denied the same. This apart, the degree-holders were given higher scale of pay. The affidavit further shows that the post of Executive Engineer (Agricultural Engineering) calls for higher skill, administration, planning and evolving o .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

idavit is that the same "did not allow (sic) to give preference in promoting graduates to the level of Assistant Executive Engineer (Agricultural Engineering) in the department". The further averment is that in other departments where separate lists were being maintained, ratio adopted was 3: 1, whereas in the department at hand ratio of 3:2 was recommended taking into account large number of diploma-holders. 22. The aforesaid shows that higher educational qualification has relevance i .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

asons as to why this aspect is amenable to examination. The rule-making authority having made a diploma-holder eligible for promotion, it follows that a diploma-holder does not suffer from such an infirmity as to make him totally unfit for holding the higher post. If that is so, question is whether the ratio could be made so inequitable as to mock at the guarantee of equality? The right which has been conferred by one hand cannot be taken away by another; nor can the right be converted to a husk .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

sonableness in the ratio, between the call of social justice and the need for higher education, without in any way jeopardising the principal object of classification. But then, no particular ratio can be spelt out which would satisfy these requirements; the reasonableness of the ratio shall depend on facts of each case. 24. In the present cases the ratio is 3:2 and we regard the same as reasonable in view of what has been stated above relating to adoption of this ratio. Having felt satisfied ab .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Discussion Forum
what is new what is new
 


Share:            

|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version