Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | constitution of India 12 136 Art 15 32 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Stage Carriage Permit - Grant to native of Pondicherry - Affirmed by Chief Commissioner as Appellate authority- Discrimination on ground of place of birth - Jurisdiction of Supreme Court - "The State" - "Under the control of government of India" - Meaning - Constitution of India, Arts. 12, 15, 32, 136. The petitioner, a resident of Pondicherry, as an applicant for a stage carriage permit, before the State Transport authority, Pondicherry, alongwith 14 other persons. The Permit was granted to one Perumal Padayatchi taking into account the fact that he was a native of Pondicherry along with . other facts. The petitioner, whose application for the permit was rejected, went in appeal to the Appellate Authority who dismissed the appeal. The petitioner filed a writ petition under Art. 32 in this Court and contended that preference on the ground of place of birth is violative of Art. 15 of the Constitution. ยท On the dates of the orders sought to be impugned ; Pondicherry was not yet part of the territory of India, but when the petition was heard it had become part of the territory of India. It was contended on behalf of the respondent that in view of the observations in the decision in N. Masthan Sahib v. Chief Commissioner, [1962] Supp. I S. C.R. 981, the writ petition was not maintainable. |
Judge | Honble Mr. Justice K.N. Wanchoo |
Neutral Citation | 1963 INSC 7 |
Petitioner | K. S. Ramamurthi Reddiar |
Respondent | The Chief Commissioner, Pondicherry & Anr. |
SCR | [1964] 1 S.C.R. 656 |
Judgement Date | 1963-01-22 |
Case Number | 569 |
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