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N.C. Singhal vs Union Of India And Ors. on 19 November, 1973 cites

Shri Ram Krishna Dalmia vs Shri Justice S. R. Tendolkar & ... on 28 March, 1958

(15) Statutes or rules conferring discretion on Government can be challenged under Article 14 of the Constitution. The Supreme Court decisions dealing with such challenge fall into two classes. One set of decisions summarised in Shri Ram Krishna Dalmia v. Shri Justice S.R. Tendolkar, (1959) Scr 279C), require a reasonable classification based on intelligible differentia the basis of which is rationally connected with the object of the statutes or rules. In keeping 28 posts unspecified in Supertime Grade Ii, no advance classification is made by the Government in framing the Central Health Service Rules. If the question is asked why discretion should be left to the Government in filling these posts and why should not these posts also be specified like the other posts so that appointments to them are also governed by the Rules, a satisfactory answer can be two-fold. Either it is not possible to describe and name these posts in advance by making rules or that it would lead to much better administration if it is left to the discretion of the Government to decide regarding each of these posts as to which speciality of medicine or public health it should be assigned. Let us examine if these two answers are valid regarding the unspecified posts. A perusal of Parts A and of the First Schedule to the Rules will show the enormous variety in the nature and work of the duty posts and the deputation posts included in the Service. Unlike in other services, most of these posts are not interchangeable with others. A person qualified in one speciality cannot be appointed to a post requiring qualifications of any other specifility. It is this lack of interchangeability which has necessitated the naming and describing of each post in the Service. This itself is a stupendous task. But there is a Umil beyond which it cannot be carried. A few posts may have. therefore, to be left unspecified in the Rules so that the Government may specify each of them as occasion arises, ll. is significant that the unspccihcd posts are to be found only in the Supertime Grade it catgory. For. il is that category to which p"o molions are open from two disparate grades, namely, (1) Specialists' Grade and (2) General Duly Ofticers. Grade i. it is in the Super time Grade 11 that l.wo kinds of reservations have been made. Firstly. a parity has to be maintained between direct recruits and promotees. Secondly, among the promotees a ratio has to be maintained of 2:3 between General Duly OffiJers. Grade I and Specialists.
Supreme Court of India Cites 34 - Cited by 1003 - Full Document

Kedar Nath Bajoria And Anr. vs The State Of West Bengal on 23 April, 1954

(17) This would show that it is only the number of cases which is large in the skin and the eye departments. But-the nature of the cases is not serious. On the other hand. other departments in medicine and surgery in these hospitals handle a comparatively smaller number of cases which may be of more serious nature. For instance, cases of heart disease, though they may be smaller in number, are certainly more serious inasmuch as they are often fatal. This brings us to the second class of Supreme Court decisions relating to cases arising under Article 14 of the Constitution, such as, Kedar Nalh Bajoria v. The Slate of West Bengal. (1954) Scr 30("), Niemla Textile Finishing Mills Lid.
Supreme Court of India Cites 8 - Cited by 104 - Full Document
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