The State Of Odisha vs Anup Kumar Senapati on 16 September, 2019
“11. The respondent cannot claim parity with D.S. Laungia v. State
of Punjab, AIR 1993 P&H 54, in view of the settled legal proposition
that Article 14 of the Constitution of India does not envisage
negative equality. Article 14 is not meant to perpetuate illegality or
fraud. Article 14 of the Constitution has a positive concept. 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 favour of an
individual or a group of individuals or a wrong order has been
passed by a judicial forum, others cannot invoke the jurisdiction of
the higher or superior court for repeating or multiplying the same
irregularity or illegality or for passing a wrong order. A wrong
order/decision in favour of any particular party does not entitle any
other party to claim the benefits on the basis of the wrong decision.
Even otherwise Article 14 cannot be stretched too far otherwise it
would make function of the administration impossible.