Bhopal (Madhya Pradesh): The Supreme Court has set aside a Madhya Pradesh High Court judgement that denied promotion to a cooperative society employee, holding that the refusal to grant relaxation in educational qualification despite granting similar relaxation to others amounted to discriminatory treatment violative of Articles 14 and 16 of the Constitution.
In Kamal Prasad Dubey vs State of Madhya Pradesh, the apex court ruled that denying educational qualification relaxation to an employee with 30 years’ experience while granting it to others is discriminatory and violates Articles 14 and 16.
Advocate on Record Ruchi Gupta informed Free Press Journal that the board of directors of Primary Agriculture Cooperative (PAC) had recommended the promotion of appellant Kamal Prasad Dubey but the registrar had rejected it.
Gupta elaborated that Dubey, an employee of the Primary Agricultural Cooperative Society, received a recommendation for promotion to manager with a relaxation in qualifications based on his experience and seniority.
The court emphasised that "discrimination is the other name of injustice," upholding that employees similarly situated must be treated equally in matters of promotion, said the advocate.
