Kamal Prasad Dubey v. State of Madhya Pradesh & Ors.

 Denial of relaxation in promotion, when similarly situated employees were granted it, constitutes arbitrary discrimination violative of equality principles.

Facts

Promotion denied despite recommendation and parity with similarly placed employees

(a) Appellant, with ~28 years’ service, was recommended for promotion to Society Manager with relaxation in educational qualification by the Board of Directors and General Body (Paras 3–5).

(b) Registrar rejected the proposal without reasons (Para 5.3).

(c) Two similarly placed employees with identical qualifications were granted relaxation and promoted (Para 3.5, 7).

(d) Single Judge allowed the writ; Division Bench reversed; matter reached Supreme Court.

Issues Framed

Whether denial of relaxation in educational qualification for promotion, despite similar treatment to others, was valid in law.

Court’s Reasoning

(a) Statutory Framework
Under Rule 19A (Proviso), Service Rules, 2013, relaxation in qualification could be granted based on “experience/competence/seniority” (Para 5.6).

(b) Competence to Grant Relaxation
The Court held that:

  • Power was vested in the Board of Directors,
  • Once validly exercised, the Registrar could not arbitrarily reject it (Para 6.2).

(c) Arbitrariness and Discrimination
The Court found:

  • Two similarly placed employees were granted relaxation and promoted,
  • Appellant was denied identical treatment without justification (Para 7–7.1).

This amounted to arbitrariness:
“The Registrar… acted arbitrarily” (Para 7.1).

(d) Equality Principle
The Court emphasized violation of Art. 14 and Art. 16 Const. of India, stating:
“Equal treatment came to be denied… attracting the tenets of Articles 14 and 16” (Para 9.1).

(e) Error by Division Bench
The Division Bench contradicted itself regarding authority of relaxation and ignored parity and statutory scheme (Para 8.2).

(f) No Negative Equality Issue
This was not a case of extending illegality, but of equal treatment among eligible persons (Para 7.2).

Held

Impugned High Court judgment set aside; appellant entitled to promotion with relaxation (Para 10–11).

Ratio

Where relaxation in eligibility is statutorily permissible and granted to similarly situated employees, denial of the same to another identically placed employee is arbitrary and violates Art. 14 & 16 Const. of India (Para 7.1, 9.1).

Case Details

Citation: 2026 INSC 353
Decided on: 10 April 2026
Case Title: Kamal Prasad Dubey v. State of Madhya Pradesh & Ors.
Court: Supreme Court of India
Bench: N.V. Anjaria, J.; Prashant Kumar Mishra, J.


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