Supreme Court of India

Food Corporatlon of India v. Om Prakash Sharma and Ors.

Neutral citation
Reported as [1998] 3 S.C.R. 1193
Bench S.C. Agra Wal, M. Srinivasan and A.P. Misra JJ.
Decided 14 August 1998

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We hold that the amendments to the Regulations making a differentiation between graduates and non-graduates in the matter of promotion for the posts of AG-I and AG-II offend the equality clause and are therefore unconstitutional.

Judgment, page 17

From the headnote

Service Law : Food Corporation of India (Staff) Regulation, 1971 : c Promotion-Criteria-Educational qualification-Classification­ Based on-Nature of work performed by graduates and non-graduates similar-Held: Permissible if there is nexus between educational qualification and higher efficiency in the promotional post-But, in the instant case the nature of work being similar, fixing of less service for graduates and more service for non-graduates for promotion, invalid-Food Corporation of India (Sta.ff) (30th Amendment) Regulations, 1976-Food Corporation of India (Stafj) (43rd Amendment)

Where later benches applied it

Of those, 1 referred to

Sign in free to read it

  • The full judgment, page by page, as published in the Supreme Court Reports
  • The ratio: what the Court held, verbatim, with the page it sits on
  • Every bench that relied on it, and every bench that argued against it
  • Search every reported judgment, by party, citation or question
  • Download the PDF, copy pinpoint citations ready for a filing
Sign in to read - for free

An email address, no password.