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1 - 3 of 3 (1.06 seconds)Mediwell Hospital & Health Care Pvt. Ltd vs Union Of India & Ors on 17 December, 1996
The court, however, granted relief to the appellant in
that case on the ground that several other individual
diagnostic centres not attached to any hospital had been
granted the exemption under the notification in question and
hence there should not be any discrimination against the
appellant under Article 14. The relief was granted entirely
on the basis of Article 14.
Union Of India [Railway Board] & Ors vs J.V. Subhaiah & Ors. Etc. Etc on 15 December, 1995
In fact, in the case of Union of
India[Railway Board] & Ors. Vs. J. V. Subhaiah and Ors.
(1996 (2) SCC 258), the same Learned judge in his judgement
has observed in para 21 that the principle of equality
enshrined under Article 14 does not apply when the order
relied upon is unsustainable in law and is illegal. Such an
order cannot form the basis for holding that other employees
are discriminated against under Article 14. The benefits of
the exemption notification, in the present case, cannot,
therefore, be extended to the petitioner on the ground that
such benefit has been wrongly extended to others. With
respect, the decision in Mediwell hospital (supra) does
not lay down the correct law on this point.
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