Service Law : Promotion and Principles
In the case of Union of India v. Tushar Ranjan Mohanty [1994] GCtR 5959 (SC), one of the general category candidate who was denied promotion has challenged the promotion granted to reserved category candidates. The action of denying promotion to general category candidate was found to be illegal. It was held that "to be considered for promotion" is considered a guaranteed right under Article 16 (1) of Constitution of India. Past virtue (constitutional) cannot be made to wipe out present vice (constitutional) by making retrospective laws.
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