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Showing contexts for: basic structure constitution in Non-Nalconians Parents vs Unknown on 9 February, 2012Matching Fragments
8. Learned counsel for the petitioners, in support of his contention that the school authorities have discriminated between the children of the petitioners and the children of the employees of the NALCO being students of same classes in the school, imparted with similar education and are to appear in the same examinations, they cannot be discriminated with regard to collection of fees from them and from the students, who are children of employees of NALCO.
9. It is no-doubt true that the children of the petitioners and the children of the employees of NALCO, all studying in same classes, are subjected to same tests and examinations by the school authorities. But, however, keeping in view the fact that a plea of unlawful discrimination cannot be adjudged unless the petition contains full averment of the grounds on which equality is claimed and the denial of equality is pleaded to be not based on a rational relation to the objects sought to be achieved and discrimination with regard to equal treatment envisaged under Article 14 of the Constitution is to be a conscious discrimination, such allegation of discrimination is to be examined. Article 14 of the Constitution, which forms a part of the basic structure of the Constitution of India, strikes at arbitrariness in State action in ensuring fairness and equality of treatment. It requires that state action or the action of an instrumentality of the State must not be arbitrary but must be based on some rational and relevant principle, which is not discriminatory and such action should not be guided by any extraneous or irrelevant consideration as that would amount to denial of equality. As stated by the Supreme Court in the case of Ramana Dayaram Shetty v. The International Air Port Authority of India and others, 1979 SC 1628, the principle of reasonableness and rationality which is legally as well as philosophically an essential element of equality or non-arbitrariness is projected by Article 14 and it characterizes every State action, whether, it being under authority of law or in exercise of executive power without making of law.