State legislature passed a law which provided that Assistant Engineer of class I will get preference...........

Constitutional Law State - Executive, Legislature

State legislature passed a law which provided that Assistant Engineer of class I will get preference over Assistant Engineers of class II in promotion matters.

Article 16 (1) has no application to the persons occupying different grades in the same post so this law can’t be challenged

There is clear violation of Right to equality and can be challenged under Article 14

Both (a) and (b) are correct

None of these

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Explanation:

Article 16 (1) has no application to the persons occupying different grades in the same post so this law can’t be challenged

Article 16 of the Indian Constitution guarantees equal opportunity to all citizens in matters related to employment in the public sector. Article 16(1) states that there shall be equal opportunity for the citizens in the matter of employment or appointment to any office under the State. The provision of equality is only applicable to the employment or offices which are held by the State. The State is still free to lay down the requisite qualifications for the recruitment of employees for the Government services. The Government can also pick and choose applicants for the purpose of employment as long as the applicants have been given an equal opportunity to apply for the Government service.