Tarun Kumar vs Assistant Director Directorate Of ... on 11 October, 2023
33. The Hon'ble Apex Court has further observed in the
aforesaid judgment, i.e., Tarun Kumar vs. Assistant Director
Directorate of Enforcement (supra) that it is axiomatic that
the principle of parity is based on the guarantee of positive
equality before law enshrined in Article 14 of the Constitution.
However, if any illegality or irregularity has been committed in
favour of any 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
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repeating or multiplying the same irregularity or illegality or for
passing similar wrong order. Article 14 is not meant to
perpetuate the illegality or irregularity. If there has been a
benefit or advantage conferred on one or a set of people by
any authority or by the court, without legal basis or
justification, other persons could not claim as a matter of right
the benefit on the basis of such wrong decision.