Supreme Court · 2007 INSC 727 · Decided 9 July 2007
State of Kerala and ORS. v. K. Prasad and ANR.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 727 · [2007] 8 S.C.R. 115
- Case number
- CIVIL APPEAL No. 2913/2007
- Decided
- 9 July 2007
- Bench
- ARIJIT PASAYAT, D.K. JAIN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 14
Headnote
Kera/a Education Rules, 1959-rr. 2 and 2 A-Upgradation ofschools­ From primary to secondary level-Applied for-Rejection by State-Allegation A of discrimination as on earlier occasions upgradation granted by relaxing C the Rules-Held: Upgradation cannot be granted by State Authorities by scope to discrimination, arbitrariness andfavouratism­ When executive order is called in question, the court in exercise of its power of judicial review is required to see whether Government has departed from such rules-Article 14 though embodies guarantee against arbitrariness, but D it
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