...negative equality the appellant cannot strengthen its case. It has to establish strength of its case on some other basis and not by claiming negative equality. (See Union of India v. International...

...mistake has been committed in some case, that cannot be a ground to perpetuate the mistake, on the logic of negative equality yet this is a case, according to the High Court, which was not based on any...envisage negative equality, and if the State committed the mistake it cannot be forced to perpetuate the same mistake. (See Sneh Prabha v. State of U.P (1996) 7 SCC 426, AIR 1996 SC 540; Secy., Jaipur...

...this Court should not interfere. No doubt, there had been a divergence of opinion on the aforesaid issue. Be that as it may. In our opinion, there is no concept of negative equality under...not exist, negative equality when the right does not exist, cannot be claimed.40. In Basawaraj v. LAO (2013) 14 SCC 81...wrong decisions made in other cases. The said provision does not envisage negative equality but has only a positive aspect. Thus, if some other similarly situated persons have been granted some relief...

...)15. “30. The concept of equality as envisaged under Article 14 of the Constitution is a positive concept which cannot be enforced in a negative manner. When any authority is shown...other cases by introducing a concept of negative equality the [appellant] cannot strengthen [its] case. [It has] to establish the strength of [its] case on some other basis and not by claiming negative...-up are the foundations to invoke the doctrine of equality in case of persons similarly situated. If some persons derived benefit by illegality and had escaped from the clutches of law, similar persons...

...order of the learned Single Judge impugned in the present special appeal is liable to be set aside on the short ground that there is no concept of negative equality. If any person had been appointed on...does not envisage negative equality. Thus, even if some other similarly situated persons have been granted some benefit inadvertently or by mistake, such order does not confer any legal right on the...

...action to bring both wrongs on a par. Even if hypothetically it is accepted that a wrong has been committed in some other cases by introducing a concept of negative equality the respondents cannot...strengthen their case. They have to establish strength of their case on some other basis and not by claiming negative equality.”13. It is trite law that not only...

...wrongs on a par. Even if hypothetically it is accepted that a wrong has been committed in some other cases by introducing a concept of negative equality the respondents cannot strengthen their case.... They have to establish strength of their case on some other basis and not by claiming negative equality.14. It is trite law that Article 14 of the...

...nobody can be allowed to base his claim on negative equality. We are also of the same view. The appellant cannot claim parity on negative equality or to an illegality if it has happened. Apart from LPA...

...perpetuate illegality or fraud, even by extending the wrong decisions made in other cases. The said provision does not envisage negative equality but has only a positive aspect. Thus, if some other...committed in an earlier case, it cannot be perpetuated. Equality is a trite, which cannot be claimed in illegality and therefore, cannot be enforced by a citizen or court in a negative manner. If an...is a settled legal proposition that doctrine of equality does not apply for perpetuating an illegal and erroneous order. The appeals before the High Court were hopelessly time-barred as the same had...

.... Wrong decision does not create a right. There is no question of negative equality. (See Indian Council of Agricultural Research v. T.K Suryanarayan...employees had no right to the post. It is submitted that though reference was made to the 1992 circular the same was misread. Since it was a wrong decision there is no question of any negative...equality.6. Learned counsel for the respondent in each case on the other hand submitted that similar issues were decided earlier and the special leave petitions had been...

...legal proposition that Article 14 does not envisage for negative equality. In case a wrong benefit has been conferred upon someone inadvertently or otherwise, it may not be a ground to grant...other cases. The said provision does not envisage negative equality but has only a positive aspect. Thus, if some other similarly situated persons have been granted some relief/benefit inadvertently...or by mistake, such an order does not confer any legal right on others to get the same relief as well. If a wrong is committed in an earlier case, it cannot be perpetuated. Equality is a trite, which...

...that it is similarly situated in all respects, and has an independent right to get the land released. Article 14 of the Constitution does not envisage negative equality, and it cannot be used to...distinction between positive equality and negative equality. In fact he will be reluctant to approach courts for quashing the relief granted to others on the ground that it is illegal, as he does not want to...who are not fortunate to have ‘connections’ or ‘money power’ suffer. But these are not the grounds for courts to enforce negative equality and perpetuate the illegality...

...the Constitution does not envisage a negative equality. More so, the application is subject to approval of the competent authority.10. Approval means confirming, ratifying...

...content for negative equality. Learned Single Judge has not decided the case on merits. He has left the matter to be considered and decided by the State Government. Learned Standing...

...does not confer any right on another person. Article 14 of the Constitution does not envisage negative equality, and if the State committed the mistake it cannot be forced to perpetuate the same mistake...should also be extended to the appellants. Article 14 of the Constitution of India is not to perpetuate illegality and it does not envisage negative equalities. In State of U.P. v. Rajkumar Sharma...does not confer right upon the appellants to claim equality.17. The learned counsel for the appellants submitted that the appellants have been pursuing the matter for about...

...does not exist, negative equality when the right does not exist, cannot be claimed. In Basawaraj v. Special Land Acquisition Officer...extending the wrong decisions made in other cases. The said provision does not envisage negative equality but has only a positive aspect. Thus, if some other similarly situated persons have been granted some...perpetuated. Equality is a trite, which cannot be claimed in illegality and therefore, cannot be enforced by a citizen or court in a negative manner. If an illegality and irregularity has been committed in...

...issue. Be that as it may. In our opinion, there is no concept of negative equality under Article 14 of the Constitution. In case the person has a right, he has to be treated equally, but where right is...not available a person cannot claim rights to be treated equally as the right does not exist, negative equality when the right does not exist, cannot be claimed. In Basawaraj and...Article 14 of the Constitution is not meant to perpetuate illegality or fraud, even by extending the wrong decisions made in other cases. The said provision does not envisage negative equality but has only...

...India is not attracted. This doctrine does not envisage negative equality (Fuljit Kaur (2010) 11 SCC 455). It is not meant to perpetuate illegality or fraud because it embodies a positive concept. If...serious offences have been recommended for appointment by the Screening Committee. It is well settled that to such cases the doctrine of equality enshrined in Article 14 of the Constitution of...

....— (i) Equality before law (negative equality) or Art. 14's anti-discriminatory aspect — If classification is “intelligible” having regard to object sought to be achieved, it would pass muster...from the 14th Amendment to the Constitution of the United States of America. Whereas equality before law is a negative concept, the equal protection of the law has positive content. The early...public interest, etc.M. Constitution of India — Art. 14 — Two concepts of equality under Art. 14, discussed, per Nariman and Lalit, JJ...

...cannot claim negative equality.3. While it is true that negative equality cannot be claimed, this is not a case where one, two or five persons have been promoted de hors the rules. In the...