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    <title>1971 (2) TMI 116 - Supreme Court</title>
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    <description>Promotions and adjustments in the Education Department made under a communal policy were treated as unconstitutional because they continued a scheme already struck down as violating Article 16. After that ruling, no lawful reservation scheme for backward classes had been framed, so promotions could be made only under Rule 25 of the Jammu &amp; Kashmir Civil Services (Classification, Control and Appeals) Rules, 1956, requiring merit and ability, with seniority relevant only where merit and ability were approximately equal. The record showed that the impugned promotions did not comply with that rule and remained linked to the condemned communal policy. The promotions and consequential adjustments were therefore illegal and unconstitutional and were set aside.</description>
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    <pubDate>Tue, 23 Feb 1971 00:00:00 +0530</pubDate>
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      <title>1971 (2) TMI 116 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=169631</link>
      <description>Promotions and adjustments in the Education Department made under a communal policy were treated as unconstitutional because they continued a scheme already struck down as violating Article 16. After that ruling, no lawful reservation scheme for backward classes had been framed, so promotions could be made only under Rule 25 of the Jammu &amp; Kashmir Civil Services (Classification, Control and Appeals) Rules, 1956, requiring merit and ability, with seniority relevant only where merit and ability were approximately equal. The record showed that the impugned promotions did not comply with that rule and remained linked to the condemned communal policy. The promotions and consequential adjustments were therefore illegal and unconstitutional and were set aside.</description>
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      <pubDate>Tue, 23 Feb 1971 00:00:00 +0530</pubDate>
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