State of Madhya Pradesh & Ors.

Versus Note by : Kanu Agrawal

R.B. Rai & Ors.
CIVIL APPEAL 5247 OF 2016

6. NECESSARY AND PROPER PARTIES

The Petitioner's previous petition being SLP CC No. 15142-43, has been dismissed by this Court
on 30.08.2016.

 General Manager, South Central Railway & Anr. V. AVR Siddhanti & Ors., (1974) 4 SCC
335
Para 15 and 16
 B. Gopalaiah & Ors. v. Govt. of Andhra Pradesh, AIR 1969 AP 204 (J. Chinnappa Reddy)
Para 5
 State of U.P. v. Ram Gopal Shukla, (1981) 3 SCC 1
Para 16-18
 V.P. Shrivastava & Ors. v. State of M.P. & Ors.
Para 6-8

7. ADDITIONAL POINTS FOR ULTRA VIRES

A. Ajit Singh And Ors vs State Of Punjab, 1999(7) SCC 209 [5JB – Jagannadha Rao] Para 22-27,
Page 227-228
RIGHT TO BE CONSIDERED FOR PROMOTION

"Article 16(1) provides to every employee otherwise eligible for promotion or who comes within the zone of
consideration, a fundamental right to be "considered" for promotion. Equal opportunity here means the right to be
"considered" for promotion. If a person satisfies the eligibility and zone criteria but is not considered for promotion,
then there will be a clear infraction of his fundamental right to be "considered" for promotion, which is his personal
right. "Promotion" based on equal opportunity and 'seniority' attached to such promotion are facets of fundamental
right under Article 16(1): Where promotional avenues are available, seniority becomes closely interlinked with
promotion provided such a promotion is made after complying with the principle of equal opportunity stated in
Article 16(1)."

B. T. Devadasan vs The Union Of India, AIR 1964 SC 179

EQUALITY OF OPPORTUNITY

"We would like to emphasise that the guarantee contained in Article 16(1) is for ensuring equality of opportunity for
all citizens relating to employment, and to appointments to any office under the State. This means that on every
occasion for recruitment, the State should see that all citizens are treated equally. The guarantee is to each individual
citizen and, therefore, every citizen who is seeking employment or appointment to an office under the State is entitled
to be afforded an opportunity for seeking such employment or appointment whenever it is intended to be filled. In
order to effectuate the guarantee each year of recruitment will have to be considered by itself and the reservation
for backward communities should not be so excessive as to create a monopoly or to disturb unduly the legitimate
claims of other communities."