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Showing contexts for: basic structure constitution in Dhananjay Kumar Singh & Ors vs The State Of Bihar & Ors on 21 October, 2014Matching Fragments
14. Finally, therefore, the appellants contend that the order, dated 16.07.2014, passed by the learned single Judge is wholly without jurisdiction, contrary to law and needs to be interfered with in order to uphold the constitutional guarantee of equality of opportunity in public employment, which had been held to form the basic structure of our Constitution in State of Karnataka and Others v. Uma Devi and Others, reported in 2006 (4) SCC 1.
63. The term "in accordance with law", appearing in the order, dated 15.02.2001, cannot visualize appointing persons from the panel lower down, in the merit position, to the exclusion of others on the merit list, placed higher in merit, for, such a direction would negate the very concept of guarantee of equality enshrined in Article 14 and would amount to violating Article 16 of the Constitution of India, which guarantees equality of opportunity in matters of public employment and forms part of the basic structure of our Constitution. [See, Uma Devi (supra)]