Court : Patna
..... body takes care of reasonable classified persons for legislative purpose and if it deals equally with all persons belonging to 'a well-defined class', it is not open to challenge in the guise of denial of equality or equal protection of law contending that the law does not apply to persons after the ..... event of challenge against the legislative action of a legislature on the basis of equality and equal protection, the question for determination is not whether it has resulted in equality, but whether there is some difference which bears just and reasonable relation to the ..... , ipso facto, does not amount to dissect rumination within inhibition of equal protection doctrine as provided in article 14 of the constitution of india. ..... a legislation deals equally with members of a well-defined class, it is not prohibited or obnoxious and it is not open to the charge of denial of equal protection or breach of equality on the ground ..... the right of the raiyats with occupancy rights in their lands by declaring that they could use the land in any manner but a condition was imposed, clearly to protect the interest of the tenure holder or proprietor, that the manner of use should not materially impair the value of the land or render it unfit for the purposes of the tenancy. ..... the constitution itself, the provisions of judicial review so as to maintain the balance of federalism, to protect the fundamental rights guaranteed to the citizens and to afford a useful weapon for equality, liberty and freedom. .....
Tag this Judgment!Court : Patna
..... referring the provision under article 14 of the constitution of india that state shall not deny to any person equality before the law or equal protection of the laws, it was argued that if without any authority of law the respondent writ petitioner is directed to be posted at a place of her choice it would be just like depriving the appellant state, of its legal right to transfer a government .....
Tag this Judgment!Court : Patna
..... the particular executive or quasi judicial act would, however, be open to challenge on the ground not so much that it is in violation of the equal protection of the laws guaranteed by article 14 because ex concerns that was not permitted by the statute but on the ground of the same being ultra vires as ..... (4) it is not, however, essential for the legislation to comply with the rule as to equal protection, that the rules for the guidance of the designated authority, which is to exercise the power or which is vested with the discretion, should be laid down in express ..... to any person equality before the law or the equal protection of the laws within the territory of india.article 19 protection of certain rights regarding ..... it is well-settled, it is not necessary that the rules as to equal protection, the rules for the guidance of the designated authority, should be laid down ..... with unguided and arbitrary powers enabling it to discriminate.in such circumstances the very provision of the law which enables or permits the authority to discriminate, offends the guarantee of equal protection afforded by article 14. ..... immediate impact of the restrictions on the rights of the citizens and determine if the restrictions are in larger public interest while deciding the question that they contain the equality of reasonableness.in such cases a doctrinaire approach should not be made but care should be taken to see that the real purpose which is sought to be achieved by restricting the rights of the .....
Tag this Judgment!Court : Patna
..... article 14 in its terms prescribes a constitutional right that the state shall not deny to any person equality before law or equal protection of the laws within the territory of india. ..... article 16 of the constitution of india in clear terms postulates that there shall be equality of opportunity to all citizens in matters relating to employment or appointment to any office under the state. ..... it is the settled proposition of law that everybody should have equal opportunity of employment in the government job. ..... the concept of equality before law has been clearly provided by the founder fathers in the constitution of india in article 14. ..... equality of opportunity for public employment is a constitutional right enshrined in article 16. .....
Tag this Judgment!Court : Patna
..... event, the petitioner cannot take the advantage of the fact that some persons who were illegally appointed are continuing in service of the university inasmuch as it is well known that article 14 of the constitution, merely envisages 'equality before law and equal protection of law'. ..... in 1992(1) pur 137 upon taking into consideration various decisions of the supreme court and this court it has been held:article 16 of the constitution of india provides that all citizens of india are entitled to get equal opportunity for the purpose of obtaining employment in state service.in order to fulfil such a condition, it is necessary to consider the case of all citizens who are eligible to be appointed. ..... court.the supreme court held:the principles of natural justice have thus come to be recognised as being a part of the guarantee contained in article 14 because of the new and dynamic interpretation given by this court to the concept of equality which is the subject-matter of that article. .....
Tag this Judgment!Court : Patna
..... that: (i) the vesting being free from all encumbrances, right of worship of the digambers and right of access to the hill being encumbrances are extinguished; (ii) the right of worship of the digambers is not protected by articles 25 and 26 of the constitution as the bihar land reforms act is placed in the ix schedule; (iii) the property being in possession of the state, according to pleadings the digambers are not entitled ..... retained then it will definitely violate the equal protection of laws to the different persons ..... , other tonks and structures as not excluded by that decree; (iv) to remove the said tonks existing charans of any other type and it be further declared that the digambari jains equally with the swetambari jains have the right to use any of the roads on the hill leading to the said tonks and also permanent injunction was issued restraining the swetambers as mentioned ..... gautam swami were found to be worshipped by both the sects and it was held by the subordinate judge that in the 20 tonks and the shrines of gautam swami, both sects have equal right of worship but with regard to the remaining 4 tonks and jal mandir temples, the subordinate judge held that digambers had no right to worship but they can only do so with ..... further held that swetamberi sect cannot deprive digambari sect of their right of worship and being of the same community, both have equal right of worship and one sect cannot injure the sentiment of other sect and as such demolition made by the swetambers were .....
Tag this Judgment!Court : Patna
..... as fresh thinking began to take place on the scope and ambit of article 14, new dimensions to this guarantee of equality before law and equal protection of the law emerged and were recognized by the supreme court. ..... , treating persons similarly circumstanced differently or treating those not similarly circumstanced in the same way or, treating equals as unequals and unequals as equals, and that article 14 prohibit hostile classification by law and are directed against discriminatory class legislation. ..... they also held that they required protection from vexatious proceedings. ..... some one interested in protecting may shift him from one office of public servant to another and thereby defeat the process of law. .....
Tag this Judgment!Court : Patna
..... all three laws with parallel subjects cannot function equally so as to provide equal protection. ..... an integrated development will mean protecting the residential or commercial area. ..... the constitution of india protects spaces and demands integrated spatial development (article 243zd).17. ..... this no one can do neither the parliament nor the state legislature nor the third tier of the government, its protection is a constitutional obligation now. ..... the constitution requires protection of such areas. .....
Tag this Judgment!Court : Patna
..... in other words, it contains equal protection clause and provides that the state shall not deny to any person equality before the law or equal protection of law within the territory ..... state of tamil nadu, (1974) 2 scr 348 : (air 1974 sc 555) namely, that 'from a positivistic point of view, equality is antithetic to arbitrariness are sworn enemies; one belongs to the rule of law in a republic, while the other, to the whim and caprice of an ..... provision of the act or any action of the state government is arbitrary or unreasonable, then the same would violate the equality clause as contained in article 14 of the constitution of india inasmuch as reasonableness is one of the essential elements of equality and absence of reasonableness will make the provision of the act arbitrary. ..... act has been enacted to protect the tenant from unreasonable eviction ..... the principle of reasonableness, which legally as well as philosophically, is an essential element of equality or non-arbitrariness pervades article 14 like a brooding omnipresence and the procedure contemplated by article 21 must answer the test of reasonableness in order to be in conformity with ..... add here that while construing the provision, i have not lost sight of the fact that the primary object of the act is the protection of the tenant. ..... strikes at arbitrariness in stateaction and ensures fairness and equality of treatment. ..... equality is a dynamic concept with many aspects and dimensions and it cannot be imprisoned within traditional and .....
Tag this Judgment!Court : Patna
..... it is, therefore, clear that the equal protection contemplated under article 14 of the constitution has also been breached in this case by the university authorities by terminating the services of the petitioner while giving a different treatment to persons who are similarly placed. ..... the rights and obligations are governed by the relevant statutory provisions and the employer and employee and equally, bound by that statutory provisions.so the power of the university and the right of the petitioner are circumscribed by and guided under the statutory provisions.10. ..... this court is of the view that since protection has been given to a temporary university servant against termination of service, namely, that such termination cannot be effected without full departmental proceeding, the petitioner is also entitled to the very protection being a permanent university servant and it is common ground that no attempt was made lo hold any departmental proceeding against the petitioner before the order of termination was passed. ..... so it is deprivation of the petitioner's right protected under the law. .....
Tag this Judgment!