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1 - 10 of 20 (0.70 seconds)Article 14 in Constitution of India [Constitution]
State Of U.P. & Ors vs Pawan Kumar Divedi & Ors on 2 September, 2014
It also takes its sweep, those cases, where orders were obtained from the
Court. It is trite that Act can be retrospective. In any case, the respondent
does not have the vested right, which is sought to be taken away. No doubt,
the Hon'ble Apex Court in the case of State of Uttar Pradesh and others vs.
Pawan Kumar Divedi and others [(2014) 9 SCC 692], had dealt that whether
the State Government is liable for for payment of salaries of Teachers and
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other employees. The said judgment may not be applicable to the facts of
the present case, particularly grant of grant-in-aid was included as a
condition by the Government while granting recognition. The amendment
prohibits such grant after certain period.
Tamil Nadu Recognised Private Schools (Regulation) Act, 1973
G. Sahadevan Nair vs The Government Of Tamil Nadu on 24 March, 2008
In the case of G.Sahaevan Nair vs. Government of Tamil Nadu,
rep. by its Secretary [(2008) 4 MLJ 289], this Court has held follows:-
[State Of Odisha & Another vs . Anup Kumar Senapati & Another] on 15 October, 2019
In the case of State of Odisha and
another vs. Anup Kumar Senapati and another [Civil Appeal No.7295 of
2019], in paragraph No.8, the Hon'ble Supreme Court had held that that
grant-in-aid cannot be claimed as a matter of right merely on completion of
the prescribed period and it is dependent upon fulfilment of various
conditions. In this case, recognition itself was granted to the respondent on
the undertaken not to claim any grant-in-aid. Besides, Section 14-A of the
Act, totally prohibits such grant. Therefore, we are of the view that merely
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because grant-in-aid has been granted to some schools in contravention of
the provisions of Section 14-A of the Act, no validity can be sought for
others as that tantamount to claim equality on the basis of illegality. In the
case of Indore Development Authority [(2006) 2 SCC 604], the Hon'ble
Supreme Court has held that merely because some persons have been
granted benefit illegally or by mistake, it does not create right upon the
appellants to claim equality.
The Chandigarh Administration And ... vs Mrs. Rajni Vali And Others. on 12 January, 2000
In the case of Chandigarh Administration and others vs. Rajni
Vali (MRs) and others [(2000) 2 SCC 42], the Hon'ble Supreme Court has
held that the State administration cannot shirk from its responsibility of
ensuring proper education in schools and colleges on the plea of lack of
resources and it is for the authorities running the Administration to find out
the ways and means of securing funds for the purpose.
The State Of Odisha vs Anup Kumar Senapati on 16 September, 2019
“13.The learned counsel for the appellants contended that
non-consideration of the appellants for appointment as TEO is
vitiated by hostile discrimination as two other persons who were
similarly situated were appointed as TEOs and are continuing. It is
trite law that the right to equality cannot be claimed in a case
where a benefit has been given to a person contrary to law. If a
mistake has been committed by the authorities in appointing few
persons who were not eligible, a claim cannot be made by other
ineligible persons seeking a direction to the authorities to appoint
them in violation of the instructions. After referring to several
judgments, this Court in State of Odisha v. Anup Kumar Senapati
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[State of Odisha v. Anup Kumar Senapati, (2019) 19 SCC 626] held
that there is no concept of negative equality under Article 14 of the
Constitution of India. The appellants cannot, as a matter of right,
claim appointment on the basis of two ineligible persons being given
the benefit and no direction can be given to the respondents to
perpetuate illegality.”
T.Lakshmipathi & Ors vs P.Nithyananda Reddy & Ors on 31 March, 2003
In Union of India v. International Trading Co., [(2003) 5 SCC
437], the Supreme Court observed as under:
M/S Vishal Properties Pvt. Ltd vs State Of U.P. & Ors on 9 October, 2007
21. Similarly in Vishal Properties (P) Ltd. v. State of U.P., [(2007)
11 SCC 172], the Supreme Court observed as follows:-