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Supreme Court of India 2017-09-20 dismissed

Abdul Hamid & Ors vs Union of India & Ors

Bench: 2 — Deepak Gupta

In Brief

The Railway administration issued a memo limiting recruitment of fresh-face substitutes in Bikaner Division to only candidates who had completed apprenticeship training with the Railways. The Tribunal quashed this memo as violating Articles 14 and 16 of the Constitution, finding it discriminatory against qualified non-railway apprentices. Although the High Court dismissed subsequent writ petitions, the Court held that while preference may be given to railway-trained apprentices on merit, an absolute exclusion is unconstitutional. The appellants, appointed during litigation pending interim orders, cannot continue in service, but are entitled to age relaxation to compete in fresh regular recruitment.

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Constitutional Law Administrative Law Equal Protection Employment Railways Discrimination

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