SC: In service jurisprudence, classifications are a matter of necessity

The Hon’ble Supreme Court, on 14th October 2019, in the matter of State Of Uttarakhand & Ors. v. S.K. Singh & Ors. pronounced that in service jurisprudence, classifications are a matter of necessity, even where persons having two different qualifications are given the opportunity of promotion, there cannot be an absolute equality as administration may consider giving the lesser qualified an opportunity of promotion on different terms.

The Hon’ble Supreme Court observed that:

Though equality is the very bulwark of the provisions of the Constitution, in service jurisprudence, classifications are a matter of necessity and judicial pronouncements have sought to balance the equality principle with the principle of classification, dependant on the nexus for making the classification. (Para 26)

Even where persons having two different qualifications are given the opportunity of promotion, there cannot be an absolute equality for the reason that the administration may consider giving the lesser qualified an opportunity of promotion on different terms, rather than completely prohibiting them from promotion. (Para 27)

Copy of judgement: Judgement_14-Oct-2019

-Adv. Tushar Kaushik  

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