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1 - 10 of 17 (0.30 seconds)The Jharkhand State Agricultural University Act, 2000
State Of U.P. & Ors vs Rajkumar Sharma & Ors on 3 March, 2006
In a recent decision rendered by this Court in State of
U.P. v. Rajkumar Sharma [State of U.P. v. Rajkumar Sharma,
Page 15 of 17
2025:JHHC:30356-DB
(2006) 3 SCC 330 : 2006 SCC (L&S) 565] , this Court once
again had to consider the question of filling up of vacancies over
and above the number of vacancies advertised. Referring to the
various decisions rendered on this issue, this Court held that
filling up of vacancies over and above the number of vacancies
advertised would be violative of the fundamental rights
guaranteed under Articles 14 and 16 of the Constitution and that
selectees could not claim appointments as a matter of right. It
was reiterated that mere inclusion of candidates in the select list
does not confer any right to be selected, even if some of the
vacancies remained unfilled. This Court went on to observe
further that even if in some cases appointments had been made
by mistake or wrongly, that did not confer any right of
appointment to another person, as Article 14 of the Constitution
does not envisage negative equality and if the State had
committed a mistake, it cannot be forced to perpetuate the said
mistake."
T.Lakshmipathi & Ors vs P.Nithyananda Reddy & Ors on 31 March, 2003
(See Sneh Prabha v. State of
U.P. [Sneh Prabha v. State of U.P., (1996) 7 SCC 426]
; Jaipur Development Authority v. Daulat Mal
Jain [Jaipur Development Authority v. Daulat Mal
Jain, (1997) 1 SCC 35] ; State of Haryana v. Ram
Kumar Mann [State of Haryana v. Ram Kumar Mann,
(1997) 3 SCC 321 : 1997 SCC (L&S) 801] ; Faridabad
CT Scan Centre v. D.G. Health Services [Faridabad CT
Scan Centre v. D.G. Health Services, (1997) 7 SCC
752] ; Jalandhar Improvement Trust v. Sampuran
Singh [Jalandhar Improvement Trust v. Sampuran
Singh, (1999) 3 SCC 494] ; State of Punjab v. Rajeev
Sarwal [State of Punjab v. Rajeev Sarwal, (1999) 9
SCC 240 : 1999 SCC (L&S) 1171] ; Yogesh
Kumar v. State (NCT of Delhi) [Yogesh Kumar v. State
(NCT of Delhi), (2003) 3 SCC 548 : 2003 SCC (L&S)
346] ; Union of India v. International Trading
Co. [Union of India v. International Trading Co.,
(2003) 5 SCC 437] and Kastha Niwarak Grahnirman
Sahakari Sanstha Maryadit v. Indore Development
Authority [Kastha Niwarak Grahnirman Sahakari
Sanstha Maryadit v. Indore Development Authority,
(2006) 2 SCC 604] .)"
Basawaraj S/O Narasimlu Waddar vs Basawaraj S/O Adayya Swamy on 10 February, 2009
This Court
in Basawaraj v. LAO [Basawaraj v. LAO, (2013) 14 SCC 81]
considered this issue and held as under: (SCC p. 85, para 8)
'8. It is a settled legal proposition that Article 14 of the
Constitution is not meant to perpetuate illegality or
fraud, even by extending the wrong decisions made in
other cases. The said provision does not envisage
Page 9 of 17
2025:JHHC:30356-DB
negative equality but has only a positive aspect. Thus, if
some other similarly situated persons have been
granted some relief/benefit inadvertently or by mistake,
such an order does not confer any legal right on others
to get the same relief as well. If a wrong is committed in
an earlier case, it cannot be perpetuated. 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 similarly wrong order. A wrong
order/decision in favour of any particular party does
not entitle any other party to claim benefits on the basis
of the wrong decision. Even otherwise, Article 14
cannot be stretched too far for otherwise it would make
functioning of administration impossible.
(Vide Chandigarh Admn. v. Jagjit Singh [Chandigarh
Admn.
Kulwinder Pal Singh Etc vs State Of Punjab & Ors on 12 May, 2016
In Kulwinder Pal Singh v. State of Punjab [Kulwinder Pal
Singh v. State of Punjab, (2016) 6 SCC 532 : (2016) 2 SCC (L&S) 102] ,
this Court while relying upon State of U.P. v. Rajkumar Sharma [State
of U.P. v. Rajkumar Sharma, (2006) 3 SCC 330 : 2006 SCC (L&S) 565]
, observed as under : (Kulwinder Pal Singh case [Kulwinder Pal
Singh v. State of Punjab, (2016) 6 SCC 532 : (2016) 2 SCC (L&S) 102] ,
SCC pp. 539-40, para 16)
"16. The learned counsel for the appellants contended that
when the other candidates were appointed in the post against
dereserved category, the same benefit should also be extended
to the appellants. Article 14 of the Constitution of India is not to
perpetuate illegality and it does not envisage negative
equalities.
Secretary, Jaipur Development ... vs Daulat Mal Jain on 20 September, 1996
(See Sneh Prabha v. State of
U.P. [Sneh Prabha v. State of U.P., (1996) 7 SCC 426]
; Jaipur Development Authority v. Daulat Mal
Jain [Jaipur Development Authority v. Daulat Mal
Jain, (1997) 1 SCC 35] ; State of Haryana v. Ram
Kumar Mann [State of Haryana v. Ram Kumar Mann,
(1997) 3 SCC 321 : 1997 SCC (L&S) 801] ; Faridabad
CT Scan Centre v. D.G. Health Services [Faridabad CT
Scan Centre v. D.G. Health Services, (1997) 7 SCC
752] ; Jalandhar Improvement Trust v. Sampuran
Singh [Jalandhar Improvement Trust v. Sampuran
Singh, (1999) 3 SCC 494] ; State of Punjab v. Rajeev
Sarwal [State of Punjab v. Rajeev Sarwal, (1999) 9
SCC 240 : 1999 SCC (L&S) 1171] ; Yogesh
Kumar v. State (NCT of Delhi) [Yogesh Kumar v. State
(NCT of Delhi), (2003) 3 SCC 548 : 2003 SCC (L&S)
346] ; Union of India v. International Trading
Co. [Union of India v. International Trading Co.,
(2003) 5 SCC 437] and Kastha Niwarak Grahnirman
Sahakari Sanstha Maryadit v. Indore Development
Authority [Kastha Niwarak Grahnirman Sahakari
Sanstha Maryadit v. Indore Development Authority,
(2006) 2 SCC 604] .)"
The State Of Haryana & Ors vs Ram Kumar Mann on 20 February, 1997
(See Sneh Prabha v. State of
U.P. [Sneh Prabha v. State of U.P., (1996) 7 SCC 426]
; Jaipur Development Authority v. Daulat Mal
Jain [Jaipur Development Authority v. Daulat Mal
Jain, (1997) 1 SCC 35] ; State of Haryana v. Ram
Kumar Mann [State of Haryana v. Ram Kumar Mann,
(1997) 3 SCC 321 : 1997 SCC (L&S) 801] ; Faridabad
CT Scan Centre v. D.G. Health Services [Faridabad CT
Scan Centre v. D.G. Health Services, (1997) 7 SCC
752] ; Jalandhar Improvement Trust v. Sampuran
Singh [Jalandhar Improvement Trust v. Sampuran
Singh, (1999) 3 SCC 494] ; State of Punjab v. Rajeev
Sarwal [State of Punjab v. Rajeev Sarwal, (1999) 9
SCC 240 : 1999 SCC (L&S) 1171] ; Yogesh
Kumar v. State (NCT of Delhi) [Yogesh Kumar v. State
(NCT of Delhi), (2003) 3 SCC 548 : 2003 SCC (L&S)
346] ; Union of India v. International Trading
Co. [Union of India v. International Trading Co.,
(2003) 5 SCC 437] and Kastha Niwarak Grahnirman
Sahakari Sanstha Maryadit v. Indore Development
Authority [Kastha Niwarak Grahnirman Sahakari
Sanstha Maryadit v. Indore Development Authority,
(2006) 2 SCC 604] .)"
State Of Punjab And Ors. vs Dr. Rajeev Sarwal on 8 April, 1999
(See Sneh Prabha v. State of
U.P. [Sneh Prabha v. State of U.P., (1996) 7 SCC 426]
; Jaipur Development Authority v. Daulat Mal
Jain [Jaipur Development Authority v. Daulat Mal
Jain, (1997) 1 SCC 35] ; State of Haryana v. Ram
Kumar Mann [State of Haryana v. Ram Kumar Mann,
(1997) 3 SCC 321 : 1997 SCC (L&S) 801] ; Faridabad
CT Scan Centre v. D.G. Health Services [Faridabad CT
Scan Centre v. D.G. Health Services, (1997) 7 SCC
752] ; Jalandhar Improvement Trust v. Sampuran
Singh [Jalandhar Improvement Trust v. Sampuran
Singh, (1999) 3 SCC 494] ; State of Punjab v. Rajeev
Sarwal [State of Punjab v. Rajeev Sarwal, (1999) 9
SCC 240 : 1999 SCC (L&S) 1171] ; Yogesh
Kumar v. State (NCT of Delhi) [Yogesh Kumar v. State
(NCT of Delhi), (2003) 3 SCC 548 : 2003 SCC (L&S)
346] ; Union of India v. International Trading
Co. [Union of India v. International Trading Co.,
(2003) 5 SCC 437] and Kastha Niwarak Grahnirman
Sahakari Sanstha Maryadit v. Indore Development
Authority [Kastha Niwarak Grahnirman Sahakari
Sanstha Maryadit v. Indore Development Authority,
(2006) 2 SCC 604] .)"
Yogesh Kumar @ Bunty vs State (Govt Of Nct Of Delhi) on 9 May, 2016
(See Sneh Prabha v. State of
U.P. [Sneh Prabha v. State of U.P., (1996) 7 SCC 426]
; Jaipur Development Authority v. Daulat Mal
Jain [Jaipur Development Authority v. Daulat Mal
Jain, (1997) 1 SCC 35] ; State of Haryana v. Ram
Kumar Mann [State of Haryana v. Ram Kumar Mann,
(1997) 3 SCC 321 : 1997 SCC (L&S) 801] ; Faridabad
CT Scan Centre v. D.G. Health Services [Faridabad CT
Scan Centre v. D.G. Health Services, (1997) 7 SCC
752] ; Jalandhar Improvement Trust v. Sampuran
Singh [Jalandhar Improvement Trust v. Sampuran
Singh, (1999) 3 SCC 494] ; State of Punjab v. Rajeev
Sarwal [State of Punjab v. Rajeev Sarwal, (1999) 9
SCC 240 : 1999 SCC (L&S) 1171] ; Yogesh
Kumar v. State (NCT of Delhi) [Yogesh Kumar v. State
(NCT of Delhi), (2003) 3 SCC 548 : 2003 SCC (L&S)
346] ; Union of India v. International Trading
Co. [Union of India v. International Trading Co.,
(2003) 5 SCC 437] and Kastha Niwarak Grahnirman
Sahakari Sanstha Maryadit v. Indore Development
Authority [Kastha Niwarak Grahnirman Sahakari
Sanstha Maryadit v. Indore Development Authority,
(2006) 2 SCC 604] .)"