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1 - 10 of 28 (0.25 seconds)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, (2006) 3 SCC 330, 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."
Smt. Sneh Prabha Etc vs State Of U.P. & Anr on 15 November, 1995
that would warrant such discrimination. [Vide Sneh Prabha
v. State of U.P., (1996) 7 SCC 426, Yogesh Kumar v. Govt.
(NCT of Delhi), (2003) 3 SCC 548, State of W.B. v. Debasish
Mukherjee, (2011) 14 SCC 187 and Priya Gupta v. State of
Chhattisgarh, (2012) 7 SCC 433.]"
Chaman Lal vs State Of Punjab & Ors on 16 May, 2014
In Chaman Lal v. State of Punjab and others, (2014) 15 SCC
715, it was observed as under:
Basawaraj & Anr vs Spl.Laq Officer on 22 August, 2013
"16. More so, it is also settled legal proposition that Article
14 does not envisage for negative equality. In case a wrong
benefit has been conferred upon someone inadvertently or
otherwise, it may not be a ground to grant similar relief to
others. This Court in Basawaraj v. Land Acquisition Officer,
(2013) 14 SCC 81 considered this issue and held as under:
Kuljit Kaur vs State Of Punjab & Others on 29 July, 2009
In Fuljit Kaur v. State of Punjab and others, (2010) 11 SCC
455, it was observed thus:
D.S. Laungia And Others vs State Of Punjab And Others on 28 September, 1992
"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
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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
.
Coromandel Fertilizers Limited vs Union Of India And Ors on 17 August, 1984
Article 14 cannot be stretched too far otherwise it would
make function of the administration impossible. (Vide
Coromandel Fertilizers Ltd. v. Union of India, 1984 Supp
SCC 457, Panchi Devi v. State of Rajasthan, (2009) 2 SCC
589 and Shanti Sports Club v. Union of India, (2009) 15
SCC 705)"
Shanti Sports Club & Anr vs Union Of India & Ors on 25 August, 2009
Article 14 cannot be stretched too far otherwise it would
make function of the administration impossible. (Vide
Coromandel Fertilizers Ltd. v. Union of India, 1984 Supp
SCC 457, Panchi Devi v. State of Rajasthan, (2009) 2 SCC
589 and Shanti Sports Club v. Union of India, (2009) 15
SCC 705)"
Doiwala Sehkari Shram Samvida Samiti ... vs State Of Uttaranchal And Ors on 12 December, 2006
In view of the law laid down by
this Court in the above matter, the submission of the
appellant has no force. In case, some of the persons have
been granted permits wrongly, the appellant cannot claim
the benefit of the wrong done by the Government."