एम.वी. बिजलानी बनाम भारत संघ
| Citation | (2006) 5 SCC 88 |
| Court | Supreme Court of India |
| Date | 25 April 2006 |
| Year | 2006 |
| Bench | S.B. Sinha, P.P. Naolekar JJ. |
| Acts/Articles | Article 14, Article 16 |
| Category | Service & Employment Law |
Key Principle Established
Promotion is not a fundamental right but employee has a right to be considered. Supersession must be based on rational and non-arbitrary criteria.
Government employees challenged supersession in promotion, arguing that criteria applied were arbitrary and discriminatory.
While promotion is not a fundamental right, an employee has a right to be considered. Supersession must be based on rational criteria such as merit, seniority-cum-merit, or ACR grading. Arbitrary supersession without recorded reasons violates Article 16.
Regularly cited in promotion challenge cases before the Punjab & Haryana High Court, particularly where HPSC or DPC recommendations are contested.
2014 SCC OnLine P&H 22487
Government policy on regularization of contractual employees under HKRNL must be implemented uniformly. Selective application violates Article 14.
Read Analysis(1993) 2 SCC 411
Recruitment bodies must follow fair and transparent selection processes. Any irregularity in the recruitment process vitiates the entire selection.
Read Analysis(2008) 9 SCC 284
University recruitment must follow UGC norms and guidelines. Appointments made in violation of minimum qualification requirements are void ab initio.
Read AnalysisThis judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).
22+ years of practice before Punjab & Haryana High Court and Supreme Court of India.