Principle of reasonable classification

The principle of reasonable classification laid down in Yunus Tahir’s case is fully applicable to the first part of Notification No.1 — While persons are to be selected on the basis of merit to be determined through open competition a new class has been created for preferential treatment on account of the fact that members of that class have some experience and training. While testing a legislation on the touch-stone of equality clause the rule is that reasonable classification of persons or objects may be upheld while unreasonable or arbitrary differentiation which is known as discrimination is forbidden. In the present case no valid purpose has been shown. The purpose discernible from the language of the Notification cannot be termed as valid in view of the fact that it runs counter to the provisions of law which unmistakably show that the best persons found so in light of the test and examination conducted by the Public Service Commission have to be recommended for appointment to Government service. Azad Jammu & Kashmir Govt. v. Javed Iqbal Khawaja & another 1996 SCR 40 (C) 1994 SCR 341 relied.
In these circumstances it cannot be said that there is a change of law which necessitates review of this Courts view — Therefore the decision of the Govt. that Public Service Commission should give consideration to past experience and departmental training runs counter to the judgment of this Court. Thus, Held: Clause (I) of the Govt. decision turns out to be one without lawful authority and of no legal effect. AJK Govt.v. Javed Iqbal Khawaja & another 1996 SCR 40 (D)