From the Archives (February 24, 1971): Teachers’ promotions invalid
February 24, 2021 00:15 IST
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February 24, 2021 00:15 IST
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The Constitution Bench of the Supreme Court to-day [New Delhi, February 23] set aside the promotions of more than 200 school teachers in Jammu and Kashmir State, holding that they were made in pursuance of the State Government’s communal policy. The promotions were challenged by Mr. Makhan Lal Waza and nine other teachers of the Jammu and Kashmir Education Department through a writ petition. They alleged that the Government’s policy of promoting teachers to higher posts and higher grades was not based on merit and seniority but purely on grounds of religion, caste and place of birth. The petitioners stated that they were qualified and senior but other teachers had been unduly promoted over them in pursuance of the communal policy. In allowing the petition, the Court held the promotions to be illegal and unconstitu
From the Archives (December 16, 1970): President’s order on princes illegal
December 16, 2020 00:15 IST
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December 16, 2020 00:15 IST
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A Special Bench of the Supreme Court, by a majority of nine to two, to-day [New Delhi, Dec. 15] held that the order issued by the President on September 6, derecognising the rulers was ultra vires of the Constitution and hence illegal and imperative. Allowing a batch of eight writ petitions filed by some ex-rulers with costs, the three majority judgments declared that “the petitioners will be entitled to all their pre-existing rights and privileges, including the right to privy purse, as if the order had not been made.” The Special Bench delivered five separate judgments three judgments declaring the impugned Presidential order ultra vires, and two dissenting judgments dismissing the writ petitions. The majority judgment was given by Mr. Justice Shah, with whom Mr. Justice Sikri, Mr. Justice Shelat, Mr.