‘Equality’ A Definite Concept And A Vested Right ; Article 14 Is Violated When ‘Equals Are Treated Unequally’ : Supreme Court
The Supreme Court observed that the right to equality under Article 14 of the Constitution is a vested right and the same is violated when the equals are treated unequally. The bench of Justices MR Shah and AS Bopanna said that for a classification to be valid, it must necessarily satisfy two tests: Firstly, the distinguishing rationale has to be based on a just objective and secondly, the choice of differentiating one set of persons from another must have a reasonable nexus to the objects sought to be achieved. In this case, the State Government accepted the proposal of the KUDA to allot 200 Sq. Yards developed plot free of cost to each of 134 ex-employees of a Mill, as a rehabilitation and welfare measure. Thereafter, 318 retired workers who also took voluntary retirement along with other 134 workers made representation/s to allot to them also. Aggrieved with the rejection of their request, they approached the High Court. The single bench allowed the Writ petition. In writ appeal, the Division Bench set aside the single bench judgment.