situated as the petitioner and there is
no question of any hostile discrimination. It is,
however, denied that the drivers have been treated
producers. The Court will, of course, examine if there is
any hostile discrimination. That is a different 'cup of tea'
altogether.
The second ... Executive and unless it is
patent that there is hostiled discrimination
against a class of operators, the processual
basis of price
858
fixation
executive and unless it is
patent that there is hostile discrimination against a class
of operators, the processual basis of price fixation ... executive and unless it is patent that there is
hostile discrimination against a class of operators,
the processual basis of price fixation
nugatory-Can operate only prospectively.
Constitution of India 1950:
Article 14-Hostile discrimination-Burden of proof-On
whom lies.
Article 21 'life'-Whether ... enforced through this Court.
[259 C]
2. The burden of establishing hostile discrimination
was on the petitioners who challenged the Amendment Act and
the rules
following manner :
"I submit that the plea of hostile discrimination
and inequality of treatment is not involved in s.
30. I submit the provision ... provisions of s. 30(ii) do
not at all contain any hostile discrimination,
simply because it is based on quantum of
rent.........I submit that
slaughter only cattle and not sheep or goat,
for hostile discrimination inasmuch as the standing orders
effect only the butchers who slaughter cattle ... slaughter only cattle and not sheep or goat,
for hostile discrimination inasmuch as the standing orders
effect only the butchers who slaughter cattle
executive and unless it is patent that there is
hostile discrimination against a class of person,
the processual basis of price fixation
each State
it cannot be said that there is any hostile discrimination
against those who deal in meet of bulls and bullocks. The
dealers ... each State it cannot be said that there is any
hostile discrimination against those who deal in meat of
bulls and bullocks. Bulls and bullocks
such authority
within the State of Maharashtra. [204C-D]
2. No hostile discrimination whatever is involved in
not extending the exemption from the applicability ... within the State of Maharashtra. We are,
therefore, satisfied that no hostile discrimination whatever
is involved in not extending the exemption from the
applicability
seniority in Grade Il. The Rule was challenged on
the ground of discrimination. It was said that in the case
of direct recruit to Grade ... contained
in Arts. 14 and 16. It did not constitute any hostile
discrimination and was neither arbitrary nor unreasonable.
It applied uniformly to all Grade