AIR 1968 SUPREME COURT 507 ::1968 2 LabLJ 407

Supreme Court Of India

Hon'ble Judge(s): K. N. Wanchoo, R. S. Bachawat, V. Ramaswami, G. K. Mitter, K. S. Hegde , JJJ

(A) Constitution of India , Art.16, Art.14, Art.335— There can be reasonable classification of employees for purpose of appointment and promotion - Provision of Art. 16 (4) are to be strictly construed - They are to be interpreted in contest and background of Art. 335-Art. 16 (4) confers discretionary power on State to make reservation - No constitutional duty is imposed on Government. Under Art. 16 of the Constitution, there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State our promotion from one office to a higher office thereunder. Articles 14, 15 and form part of the same constitutional code of guarantees and supplement each other. It follows therefore that there can be reasonable classification of the employees for the purpose of appointment and promotion. To put it differently, the equality of opportunity guaranteed by Art. 16 (1) means equality as between members of the same and of employees, and not equality between members of separate, independent classes. Clause (4) of Art. 16 does not cover the entire field covered by Cls. (1) and (2) of that Article. The only matter which Cl. (4) covers is a provision for the reservation of appointments in favour of a backward class of citizens. It is well settled that Cl. (4) of Art. 16 is an exception clause and is not....