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SC Upholds U'khand Rule Of Accelerated Promotion Quota On The Basis Of Higher Edu Qualifications
28 Nov 2019 02:26 pm
The Supreme Court has upheld a service rule of providing accelerated promotion on the basis of higher educational qualifications
The court was concerned with the promotion quota pertaining to the Irrigation Department cadre of the Uttarakhand State, for promotion from the post of Junior Engineer to the post of Assistant Engineer. It carved out a provision for accelerated promotion to the extent of 7.33% for the JEs holding a more advanced qualification, of a Degree in Civil Engineering.
On a writ petition filed by JEs holding a qualification of Diploma, the Uttarakhand High Court struck down accelerated promotion quota (provided in Uttaranchal Service of Engineers (Irrigation Department) (Group 'B') Rules, 2003) as violative of Articles 14 & 16 of the Constitution. ( State of Uttarakhand vs. SK Singh)
While setting aside the High Court judgment, the bench comprising Justice Sanjay Kishan Kaul and Justice MR Shah observed that bringing forth from the direct recruitment quota (for which the qualification is the Degree) to the promotion quota and giving that through accelerated promotion for such persons who have a degree can hardly be said to have any intrinsic defects which could violate Articles 14 & 16 of the Constitution
State of Uttarakhand and Ors. vs. S.K. Singh and Ors.
