Supreme Court · 1994 INSC 162 · Decided 19 April 1994
State of Sikkim v. Surendra Prasad Sharma and ORS. ETC. ETC.
- Court
- Supreme Court of India
- Citation
- 1994 INSC 162 · [1994] 3 S.C.R. 563
- Case number
- CIVIL APPEAL No. 4918/1984
- Decided
- 19 April 1994
- Bench
- A.M. AHMADI, N. VENKATACHALA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 371, 16(3), 14, 309, 15, 16
Headnote
B Constitution of India-Article 371,F(kj-J'Laws in Force"-Held, in­ cludes subordinate legislation and hence includes Sikkim Government Estab­ lishment Rules 1974-Adaptation Orders under Article 371-F (1) and adoption of the said Rule with modifications under Ariicle 309-held, did not if they conflict with provisions of the Constitution. Constitution of India-Article 16(3)-Held, protects preference given to residents of Sikkim under Rule 4( 4) of the Sikkim Government Establishment Rules, I974. D Constitution of India-Article 14-Tests for classification reiterate~ Held,
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