restrictions that can be placed on this freedom.
Non-discrimination is one of the aspects of the freedom in
Art. 301. Article ... applies to taxing measures.
Article 303 deals with preference and discrimination between
one State and another. It is restricted to legislation with
respect
Section 10 does
not lead to such inequality as may be called discrimination.
[57 D-E]
(iv) Per Wanchoo, Shah and Sikri, JJ.-Application ... arbitrary and classification made on that
basis is not reasonable. [40 HI
Discrimination also results from the distinction made in the
section between a dispute
Cadres and
having in effect constituted a single grade of teachers, the
discrimination between the members of that grade based
merely on the source ... disparity in the rules relating to
pension. It was contended that the discrimination as
regards promotions was violative of Art. 16 (1) and that
preference
to another permissible procedure does not justify an
inference ;of unlawful discrimination. The fact that under
the Classification Rules there is a right ... Governor was not a ground for sustaining the plea of
unlawful discrimination.
Sardar Kapur Singh v. Union of India
orders in breach of such
instructions. [643B-E]
(2) There was no discrimination by the Chief Engineer.
(a) The period of seven days fixed ... here that one
of the arguments before us is that there was discrimination
inasmuch as the Chief Engineer accepted the reply of
respondent
code in this area where the, Code was excluded. 1853 G]
No discrimination can be spelled out from the differences in
the rules applicable
persons from
whom excess land is taken in another, results in
discrimination and cannot be justified on any
intelligible differentia which has any relation ... Constitution. The
provisions in the act making a discrimination in
favour of tea, coffee, rubber and cardamom
plantation and also in favour of cashew
plantations
SugarControl--Notification fixing price ex-factory-Legality
-Restrictions on right to trade-Discrimination-
Sugar(Control) Order, 1955, cl. 5- Essential Commodities ... other
States are deficit ; consequently, the notification brought
about no discrimination between different regions.
JUDGMENT:
ORIGINAL JURISDICTION: Writ Petition No. 134 of 1958.
Writ Petition
petitioners filed objection and challenged the
scheme on the ground of discrimination before the Legal
Remembrancer as some overlapping routes were not notified.
He held ... that there was no proper hearing and (v) that there was
discrimination, as the, operators of the twelve partially
overlapping routes were left
permit was cancelled for the overlapping
part, could, there could be no discrimination within the
meaning of Art. 14 of the Constitution unles it could ... would have got by having his permit cancelled for the
overlapping part.
Discrimination under Art. 14 is conscious discrimination and
not accidental discrimination that arises
