Hansaria, J. - (1.) The golden triangle of our Constitution is composed of Arts. 14, 19 and 21. Incorporation of such a trinity in our paramount parchment is for the purpose of paving such a path for the people of India which may see them close to the trinity of liberty, equality and fraternity. It could also be said that the trio assists the deprived and destroys the exploiters of the depressed class.
(2.) In the cases at hand, we are concerned with one of the constitutional trinities, namely, Art. 14 and that too with one of its facets as embodied in Art. 16, which takes care of equality of opportunity in matters of public employment. As to what Art. 16 has to say when right to be considered for promotion is either barred or restricted on the basis of educational qualifications, with which aspect of Art. 16 we are concerned in these cases has been spelt out by a good number of Constitution Bench decisions of this Court. It is not necessary to take note of all those cases. It would be enough to first apprise ourselves as to what such a Bench had said in the case of State of Jammu and Kashmir vs. Trilokinath Khosa, (1974) 1 SCR 771. Chandrachud, J., as he then was, speaking for self, Ray, C.J. and Palekar, J. made certain pertinent observations in this regard which were very ably supplemented by Krishna Iyer, J. speaking for self and Bhagwati, J., as he then was. The sum and substance of what was stated in the leading judgment is that the guarantee of equality is precious and the theory of classification may not be allowed to be extended so as to subvert or submerge the same. Of course, while being called upon to decide whether the classification in question is constitutionally permissible, excellence in service has also to be borne in mind; so too the fact that excellence and equality are not friendly bed-fellows. A pragmatic approach is, therefore, required to harmonise the requirements of public services with the aspirations of public servants.
(3.) Krishna Iyer, J., stated that the social meaning of Arts. 14 and 16 is neither dull uniformity nor specious telentism. Further, the soul of Article 16 is the promotion of the common mans capabilities, opening up full opportunities to develop without succumbing to the sophistic argument of the elite that talent is the privilege of the few and they must rule. But then, personnel policy does require an eye on efficiency; and so, though chill penury should not repress their noble rage, technical proficiency cannot be sacrificed at the altar of wooden equality. All these call for a striking of balanace between the long hunger for equal chance of the lowlier and the disturbing concern of the community for higher standards of performance. Even so, mini-classifications based on micro-distinctions are false to our egalitarian faith; and over-doing of classification would be undoing of equality. The Court has to function always as a sentinel on the qui vive.;