Indian Kanoon - Search engine for Indian Law

18. The claim of the petitioner must be founded upon enforceable right to entitle her to the equality treatment for enforcement thereof. A wrong decision by the Government does not give a right to enforce the wrong order and claim parity or equality. Two wrongs can never make, a right" as held in State of Bihar and Ors. vs. Kameshwar Prasad Singh and Anr., AIR 2000 SC 2306. Further as held in Union of India vs. International Trading Company, AIR 2003 SC 3983, a party cannot claim that since something wrong has been done in another case direction should be given for doing another wrong. It would not be setting a wrong right, but would be perpetuating another wrong. In such matters, there is no discrimination involved. The concept of equal treatment on the logic of Article 14 of the Constitution cannot be pressed into service in such cases. What the concept of equal treatment presupposes is existence of similar legal foothold. It does not countenance repetition of a wrong 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 appellant cannot strengthen its case. It has to establish strength of its case on some other basis and not by claiming negative equality.