AIR 2002 SUPREME COURT 2877 ::2002 AIR SCW 3276 ::2002 LAB. I. C. 2943 ::(2002) 95 FacLR 689 ::2002 (6) SCC 562 ::2002 SCC (L&S) 935 ::(2002) 5 Scale 512 ::2003 (1) ServLJ 121 SC ::(2003) 1 ServLJ 121 ::2002 (3) ESC 83 ::2002 (4) LabLN 36 ::(2003) 1 JCR 87 (SC) ::(2002) 3 SCJ 640 ::2002 (3) SCT 938 ::2002 (6) ServLR 230 ::(2002) 3 UPLBEC 2281 ::2002 (3) LRI 574 ::2002 (4) SLT 673 ::2002 (5) Supreme 425 ::2002 (8) SRJ 132 ::(2002) 5 JT 591 (SC)

Supreme Court Of India

(From : Rajasthan)*

Hon'ble Judge(s): D. P. Mohapatra, P. Venkatarama Reddi , JJ

(A) Constitution of India , Art.154, Art.14, Art.16— Policy-decision of State - Has also to pass tests of Arts. 14, 16 - If policy deviates from rule of selection based on merit - It cannot sustain. Even the policy-decision taken by the State Government has to pass the test of Arts. 14 and 16 of the Constitution. If the policy-decision, has the effect of deviating from the normal and salutary rule of selection based on merit is subversive of the doctrine of equality, it cannot sustain. It should be free from the vice of arbitrariness and conform to the well settled norms both positive and negative underlying Arts. 14 and 16, which together with Art. 15 form part of the constitutional Code of equality.(Para 12) (B) Constitution of India , Art.16— Public employment - Weightage on grounds of residence - Impermissible. Residence within a District or rural areas of that District could not be a valid basis for classification for the purpose of public employment. The argument in favour of such reservation which has the overtones of parochialism is liable to be rejected on the plain terms of Art. 16(2) and in the light of Art. 16(3). An argument of this nature flies in the face of the peremptory language of Art. 16(2) and runs counter to our constitu....