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...introducing a concept of 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...
...that even if a 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...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. (See...
...on the aforesaid 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...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 similar relief to others. This Court...
.... “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 to have committed any...wrong has been committed in some 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 equality.” (See Union of India v. International Trading Co. (2003) 5 SCC 437...
...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...
...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 land but also structures on...
...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 Constitution applies also to matters of governmental policy and if 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...
...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 a positive aspect. Thus...a wrong is 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...ground for interference by this Court as it 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...
...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...that though the same was decided on the factual background of the 1992 Circular it misconstrued the same. Wrong decision does not create a right. There is no question of negative equality. (See...
...released. Article 14 of the Constitution does not envisage negative equality, and it cannot be used to perpetuate any illegality. The doctrine of discrimination based upon the existence of an...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 incur the wrath of those...have ‘connections’ or ‘money power’ suffer. But these are not the grounds for courts to enforce negative equality and perpetuate the illegality.”(emphasis...
...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...
...settled 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...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 cannot be claimed in illegality and therefore...
...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...
...not envisage negative equality, and if the State committed the mistake it cannot be forced to perpetuate the same mistake. (See Sneh...and it does not envisage negative equalities. In State of U.P. v. Rajkumar Sharma (2006) 3 SCC 330 it was held as under...some persons have been granted benefit illegally or by mistake, it does not confer right upon the appellants to claim equality.17. The learned counsel for the appellants...
...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...
.... 14, discussed, per Nariman and Lalit, JJ.— (i) Equality before law (negative equality) or Art. 14's anti-discriminatory aspect — If classification is...borrowed 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...norms which are rational, informed with reason and guided by public interest, etc.M. Constitution of India — Art. 14 — Two concepts of equality under Art...
...disposed of. Though negative equality cannot be extended to the petitioner, but it could be taken note of that the petitioner had been working in the respondent-Institution for the past 24 years. Moreover...heart-burns to the petitioner. Though the adverse direction of negative equality cannot be extended, but considering the facts of the case and the service put in by the petitioner, the respondent...
...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...