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Supreme Court of India 2022-03-10 partly_allowed

SK Nausad Rahaman & Ors vs Union of India and Ors

Bench: 2 — D.Y. Chandrachud

In Brief

Senior civil service officers challenged the 2018 withdrawal of Inter-Commissionerate Transfers (ICTs) under updated recruitment rules. The Supreme Court upheld the circular's validity, finding that Rule 5 of the 2016 Rules—stipulating separate cadres for each authority—contains no provision enabling absorption like its 2002 predecessor, and recruitment rules prevail over executive instructions. However, the Court held the State must revisit the blanket ban to accommodate spousal postings, disabled persons, and compassionate grounds consistently with constitutional values on equality (Articles 14, 15) and dignity (Article 21). While upholding the basic policy, the judgment left scope for refining implementation through executive action reflecting constitutional protections."

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Constitutional Law Administrative Law Service Law Recruitment Rules Inter-Commissionerate Transfers Gender Equality Disability Rights Policy Review

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