Classification Based On ‘Educational Qualification’ For Promotion Not Violative Of Article 14&16 Of Constitution

Case: Hanifa Deva and Others & Arshad Hussain and Others v Director SKIMS

Coram: Justice Sanjeev Kumar

Case No.: WP(C ) No. 1623/2021

Court Observation: “The legal position in this regard is summarised as follows: (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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