{"id":270536,"date":"2022-07-22T16:00:20","date_gmt":"2022-07-22T10:30:20","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=270536"},"modified":"2022-07-22T13:29:02","modified_gmt":"2022-07-22T07:59:02","slug":"jk-and-ladakh-hc-classification-on-the-basis-of-educational-qualification-for-the-purposes-of-promotion-is-permissible-in-law-and-does-not-offend-the-constitution","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2022\/07\/22\/jk-and-ladakh-hc-classification-on-the-basis-of-educational-qualification-for-the-purposes-of-promotion-is-permissible-in-law-and-does-not-offend-the-constitution\/","title":{"rendered":"J&K and Ladakh HC| Classification on the basis of educational qualification for the purposes of promotion, is permissible in law and does not offend the Constitution"},"content":{"rendered":"
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Jammu and Kashmir and Ladakh High Court<\/span>: While deciding the question raised in the instant petition that, whether the classification made on the basis of educational qualification for promotion, offends Arts. 14<\/a> and 16<\/a> of the Constitution<\/a>; the Bench of Sanjeev Kumar, J., went on to reiterate the core principles of the concerned constitutional provisions and held that there should be left no doubt in the mind of anybody that the classification on the basis of educational qualification for promotion is permissible in law and does not offend Arts.14<\/a> and 16<\/a> of the Constitution<\/a>.<\/p>\n

Facts of the case<\/span>: The petitioners, serving in Sher-i-Kashmir Institute of Medical Sciences Soura, Srinagar (hereinafter ‘SKIMS') as Staff Nurses, claimed to have rendered their services for the last 27 years. The petitioners were Matriculates and possessed 3 years Diploma in General Nursing and Midwifery. In 1998, SKIMS promulgated the Sher-i- Kashmir Institute of Medical Sciences Subordinate Services Recruitment Rules 1998 (hereinafter ‘1998 Rules') as per which no person was eligible for appointment or promotion to any post in any class, category or grade in the service unless he possessed the qualification as laid down in Schedule II of the Rules.<\/p>\n

Later in 2014 via Government Order No.75-SKIMS of 2014, sanction was accorded to the modification of recruitment rules for various categories of staff working in the Institute. Regarding the post of Senior Staff Nurse, the afore-stated Government Order stated that post is to be filled up 100% by promotion from Staff Nurses possessing B.Sc. Nursing or M.Sc. Nursing degrees.<\/p>\n

Aggrieved by the prescription of minimum qualification of B.Sc. Nursing provided for promotion to the post of Sr. Staff Nurse, the petitioners challenged the same on the ground that the classification made by the respondents between a Staff Nurse possessing three years Diploma in General Nursing and Midwifery and a Staff Nurse possessing the qualification of B.Sc. Nursing, violates Arts. 14<\/a> and 16<\/a> of the Constitution<\/a> and therefore the same is not permissible.<\/p>\n

Contentions<\/span>: The petitioners contended that for about 27 years, they entertained a legitimate expectation that they would be promoted to the post of Sr. Staff Nurse in due course but, because of the impugned Government Order, laying down a modified criteria for the post of Sr. Staff Nurse, the petitioners have been deprived of their right to promotion for all times to come.<\/p>\n

Per contra<\/i>, the respondents relied on State of J&K v. Triloki Nath Khosa<\/span>, (1974) 1 SCC 19<\/a>, wherein classification on the basis of higher qualification being permissible under law, was settled by the Supreme Court.<\/p>\n

Observations<\/span>: Perusing the issue raised by the petitioners, the Court observed that the issue is no longer res-integra<\/i> as the same has been settled by the Supreme Court in plethora of cases. The Court, however, deemed it appropriate to reiterate the interpretation of Arts. 14 and 16 as laid down by the Supreme Court from time to time-<\/p>\n