Classification Based On 'Educational Qualification' For Promotion Not Violative Of Article 14&16 Of Constitution: J&K&L High Court

The bench was hearing a plea wherein the petitioners working as staff nurses, were aggrieved of the prescription of minimum qualification of B.Sc Nursing provided for promotion to the post of Sr. Staff Nurse. In their plea the petitioners had challenged the same inter-alia on the ground that the classification made by the employer between a Staff Nurse possessing three years Diploma in General Nursing and Midwifery and a Staff Nurse possessing the qualification of B.Sc Nursing for the purpose of making promotion to the post of Sr. Staff Nurse fell foul of Article 14 and 16 of the constitution.

The petitioners through counsel Advocate Arif Sikander Mir further argued that petitioners had served the respondent institute as Staff Nurses for about 27 years had therefore entertained legitimate expectation that they would be promoted to the next higher post of Sr. Staff Nurse in course but because of this arbitrary criteria/classification, adopted later in their services for the post of Sr. Staff Nurse, the petitioners had been deprived of their right to promotion to the post of Senior Staff Nurse for all times to come.

Declining to accept the above argument the bench observed that Article 14 and 16 of the Constitution does not permit the State to treat un-equals as equals, for that is not the spirit of the principle of equality envisaged under Article 14 & 16 of the Constitution. What Article 14 prohibits is class legislation and not the reasonable classification however the classification must not be arbitrary and irrational, the bench recorded.

Discussing the subject further as to whether there could be classification on the basis of educational qualification in the matter of promotion, the bench placed reliance on the judgement of the Constitution Bench of Supreme Court in the case of State of Jammu & Kashmir Vs. Triloki Nath Khosa 1974 wherein the Supreme court had considered the question whether persons drawn from different sources and integrated into one class can be classified on the basis of their educational qualifications for promotion. The Constitution Bench answered the question in the affirmative holding that the Rule providing for graduates eligible for promotion to the exclusion of diploma holders is not violative of Articles 14 and 16 of the Constitution.

The bench in its order also found worthwhile to record the observation made by Supreme court in three judge bench judgment rendered in the case of In T.R. Kothandaraman vs. Tamil Nadu Water Supply and Drainage Board 1994 wherein it was observed:

"The legal position in this regard is summarised as follows: (i) Higher educational qualification is a permissible basis of classification, acceptability of which will depend on the facts and circumstances; (ii) Higher educational qualification can be the basis not only for barring promotion, but also for restricting the scope of promotion; (iii) restriction placed cannot however go to the extent of seriously jeopardising the chances of promotion".

Dealing with the plea of the petitioners that classification made by the respondents in the instant case does not have any rational nexus with the object sought to be achieved, the bench observed that such argument cannot be accepted on the face of settled legal position and also having regard to the nature of duties a Senior Staff Nurse or higher Technical posts in the Health Sector, are required to perform.

Dismissing the challenge thrown by the petitioners to the impugned criteria/classification adopted by the employer the bench noted that a Staff Nurse possessing qualification of three years Diploma in General Nursing and Staff Nurse possessing qualification of B.Sc Nursing, cannot be at par and therefore, are unequal because of their qualification. It would, therefore, not be obligatory for respondents to treat these two unequals as equals and would certainly not fall foul of Article 14 & 16, the court underscored.

Case Title : Hanifa Deva and Others & Arshad Hussain and Others v Director SKIMS

Citation: 2022 LiveLaw (JKL) 60 

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