ABDUL QAYOOM BANDAY Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) In John Ruskin's Classic Unto this last, there is an anecdote. A merchant had collected a lot of gold while he was sailing abroad a ship to another country. The ship started sinking. He had therefore, to dive into the sea with all his gold. But the burden of the gold took him straight to the bottom of the sea. Ruskin asks at this point in the narrative a self answering question :

(2.) The petitioner in this case is in possession of gold, but she does not want to sink with it.

(3.) The Constitution guarantees several fundamental rights. Right to live appears to be the most valuable of them. In some judicial pronouncements right to livelihood has also been treated as part and parcel of Article 21. Then, there is a right to be treated equally in the matter of opportunities which are provided by the State in seeking public employment. Once a person gets into public employment, then what is mere expectation becomes a hard reality and it acquires the protection of Article 16 also. The petitioner in this case is seeking protection of Article 16 as also Article 21 of the Constitution of India. Facts in brief be noticed.