For example, a group of people may be distinguished from others based on their level of knowledge, in order to advance a developing society, etc. No discrimination on the basis of caste, creed, sex, origin, place of birth, or any other factor is permitted, as stated in article 16(2), but a fair classification is always allowed to accomplish the concept of equality in its truest sense. There is no justification for or evidence in favour of discrimination. It is perfectly legitimate for an employer to fill positions in one category while choosing not to do so in the other for a variety of business-related reasons. Since a Joint Manager was chosen, the Deputy Manager cannot claim that he was a victim of discrimination. Bhanu Lodh case made note of the fact that discrimination may only happen between those who are treated similarly, if not equally. Before making any hiring decisions, it is essential that all applicable rules are strictly followed, and the employer is required to follow the requirements of Articles 14 and 16 of the Constitution. ![]() ![]() If the regulations do not adhere to the principles of our Constitution, they may be changed, and no appointments should be made that do so. District and Sessions Judge, Tis Hazari and Others. ![]() The High Court is a constitutional and independent power subordinate to none, hence none can undermine the constitutional authority of the High Court, the Supreme Court ruled in the case of Renu and Others v. According to Article 14, the appointment shall be done fairly, without using any arbitrary decision-making. The opportunity for training and career developmentĪny appointment to a public post must follow the established procedure and be totally open, transparent, and equitable.Equal Employment Opportunity (EEO) refers to a variety of: The definition of “equal employment opportunity” has expanded. Now, all items pertaining to employment, both before to and after employment, which are ancillary to the employment and constitute portions of the terms and conditions of such employment, must be included in matters relating to employment and appointment. Public employment, as defined by Article 16 as employment or appointment to any post under the Central or State Government or one that is subordinate to them, is covered. For the purpose of calculating the maximum 50% reserve on the total number of vacancies, the state may create various classes of vacancies from the unfilled vacancies of the year.The state may also implement a reserve for SC and STs in terms of promotion and subsequent seniority.Any backward class may be given preference for an appointment or position by the state.Prior to such employment or appointment, the Parliament may pass rules governing certain classifications of employment or office appointments.In regards to positions or employment with the state, there will be no discrimination on the basis of religion, race, caste, sex, origin, place of birth, residency, or any combination of these.All citizens shall have an equal opportunity to apply for jobs or be appointed to positions within the state.The following topics are covered by Article 16:. ![]() All country residents have access to Article 16. Part III of the Indian Constitution outlines a number of essential rights, and article 16 of that section guarantees equality of opportunity in areas pertaining to public employment. The Indian Constitution offers a broad interpretation of this clause. There is no universal consensus on the precise meaning of the word “equal opportunity,” which has several different definitions. Article 16 addresses the equality of opportunity in fields of public employment. The right to equality is one of the essential liberties granted to all Indian citizens by the Indian Constitution.
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