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Supreme Court of India 2017-01-05 dismissed

Secretary Mahatama Gandhi Mission & Another vs Bhartiya Kamgar Sena & Others

Bench: 2 — Chelameswar

In Brief

This judgment addresses whether unaided educational institutions must implement revised pay scales (Sixth Pay Commission) when aided institutions receive them. The Court held that the State of Maharashtra's decision to extend revised pay scales to aided colleges while excluding unaided colleges violates Article 14 of the Constitution. The classification bears no rational connection to the purpose of pay revision—ensuring constitutional compliance with Article 43. The Court directed that benefits be extended uniformly to non-teaching staff of all colleges, whether aided or unaided, relying on the D.S. Nakara principle that courts may grant injunctive relief to eliminate discriminatory classifications by extending benefits rather than striking them down entirely.

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Constitutional Law Right to Equality Education Law Labor and Employment Administrative Law Judicial Review Discrimination Affirmative Action

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