Restriction on admission on evening classes of L.L.B on the basis of Employment

Karthik.T | Sastra Deemed University Thanjavur | 3rd July 2020

Deepak Sibal Vs Punjab University

FACTS:

The fact of this case is that the appellants challenged the constitutional validity of the admission rule in the evening college of three-year L.L.B course of Punjab university on the ground that it violates Article 14 of the Indian constitution. The rule is that it only gives admission to the regular employees in the government sector and semi-governmental institution and not employing in general including private-sector employees. In this case, the appellants were an employee in the private sector who wished to study in L.L.B course but the Punjab university denied his admission. 

ISSUES:

Whether restrictions on admission in evening classes of L.L.B based on government employees and not employees in the private sector is violative of Article 14?.

PETITIONER CONTENTION:

The petitioner contended that Article 14 of the Indian Constitution violates as the admission for the private sector in the evening course is denied and there is no reasonable classification between the employees in the government sector and the employees in the private sector as they stand on the same foot. They agree that the service condition between the employer of the government and semi-government is different from the service of private employers. And hence the distinction between the government and the private sector is unreasonable and discriminatory.

RESPONDANT CONTENTION:

The respondent contended that the services of the government and semi-government are different from the private sector and Article 14 is not violative as there is a reasonable classification between the government and private sector.

OBSERVATION:

The court observed both the petitioner and respondent contention and held that there is no reasonable classification between the employee of the government and the private sector. And there is no nexus sought between the restriction of admission only to the government sector and not to the private sector.

JUDGMENT:    

It was held that the classification between the government and semi-government employees for admission to the evening course to the exclusion of the other employee was unreasonable and unjust and therefore the rule was struck down as discriminatory and violative of Article 14 of Indian constitution.