found to rest on a reasonable basis, it
has to be upheld. Discrimination is the essence of
classification and does violence to the constitutional
guarantee ... they were
appointed 'as Assistant Engineers directly or by promotion.
The discrimination, therefore, is not in relation to the
source of recruitment
provides for reservation in
promotion, with consequential seniority, would result in
reverse discrimination in the percentage of representation
of the reserved category officers ... clauses within Article 16 is
not an invitation for reverse discrimination and that,
equality of opportunity cannot be overruled by affirmative
action. It is submitted
Government of India Act, 1935 , the guarantee against discrimination was
reiterated and given extended meaning. However, in pre-independence period there
was no chapter ... laws within the territory of India."
The principle of non-discrimination on grounds of religion, race, colour, caste or
language in the matter
denial of equality of opportunity unless the person
who complains of discrimination is equally situated with
the. person or persons who are alleged to have ... unequals can only mean
aggravation of inequality. Equality of opportunity admits
discrimination with reason and prohibits discrimination
without reason. Preferential representation for the backward
classes
office under the State reinforces that guarantee by prohibiting under
clause (2) discrimination on the grounds only of religion, race, caste, sex,
descent, place ... word 'residence' is omitted from the opening
clause prohibiting discrimination on specified grounds. Clauses (3) and (4)
of Article 16 dilutes the rigour
genus, and Article
16 (1) , the species thereof, provide for protective
discrimination in favour of the Dalit and Tribe. Appointment
by promotion to a post ... Article 16(4) and 4(a) read with
the Directive Principles, protective discrimination has
poured forth practical content, softened the rigour of legal
equality
India in India and United Kingdom-Validity
of.
Conditions of service-Discrimination-Determination of
question.
Retirement of Air Hostesses in the event of marriage
taking ... cabin crew,
performing identical or similar duties and hence any
discrimination made between these two employees who are
similarly circumstanced was clearly violative
disclose reason for termination of services,
when specific charge of hostile discrimination.
HEADNOTE:
The services of Belliappa, a temporary Class IV
employee, were terminated without ... differentiated
3. Where there is a specific charge of arbitrary
discrimination or some hostile or improper motive is imputed
to the authority terminating the service
injustice, desperate backwardness and glaring inequality
desiderate such a course can protective discrimination gain
entrance into the portals of college campuses ... Indian Constitution is wedded to equal
protection and non-discrimination. Arts. 14, 15 and 16 are
inviolable and Art. 29(2) strikes a similar note
confer a right of equality to each individual
citizen. Article 15 prohibits discrimination. Article 16 confers a right to
equality of opportunity for being considered ... article amplifies its content by expressly interdicting caste as a
ground of discrimination. Article 16(4) imparts to the seemingly
static equality embedded in Article
