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Issues: Whether the promotions and adjustments made in the Education Department under the communal policy were unconstitutional and liable to be set aside for non-compliance with the governing service rules.
Analysis: The earlier decision had already struck down the State's communal policy of distributing appointments and promotions on religious and regional lines as violative of Article 16. After that decision, the State did not frame any lawful scheme of reservation for backward classes, yet continued to promote and retain teachers by using a similar device, including reversion in name only and continued functioning in the higher posts. In the absence of a validly promulgated scheme, promotions could be made only in accordance with Rule 25 of the Jammu & Kashmir Civil Services (Classification, Control and Appeals) Rules, 1956, which required promotions to higher posts and grades to be based on merit and ability, with seniority considered where merit and ability were approximately equal. The record showed that the impugned promotions were not made in compliance with that rule and were still traceable to the condemned communal policy.
Conclusion: The promotions and consequential adjustments were illegal and unconstitutional and were set aside.
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