'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.

Before the Apex Court in appeal, the appellants contended that there is no differentia between 134 workmen who also took voluntary retirement and the remaining 318 workmen who had also taken the voluntary retirement. 

The court observed that there was no justification at all in treating 318 ex-employees different from those 134 ex-employees. In this context, the following observations were made.

9.2. Right to equality guaranteed under Article 14 of the Constitution of India is vested right in favour of the person who claims equality and parity and the same is enforceable against State / State instrumentalities in exercise of powers under Article 226 of the Constitution of India. We find no justification at all in treating 318 ex-employees different from those 134 ex-employees who were allotted 200 Sq. Yards of plots free of cost. We find that as such the equals are treated unequally and therefore, when the equals are treated unequally, there is a violation of Article 14 of the Constitution and therefore, the appellants were entitled to the relief sought even in exercise of powers under Article 226 of the Constitution of India.

Valid classification permitted, but must necessarily satisfy two tests

9.3 The concept of equality before the law and equal protection of the laws emerges from the fundamental right expressed in Article 14 of the Constitution. Equality is a definite concept. The concept of equality has an inherent limitation arising from the very nature of the constitutional guarantee. Those who are similarly circumstanced are entitled to an equal treatment. Equality is amongst equals. Classification is therefore to be founded on substantial differences which distinguish persons grouped together from those left out of the groups and such differential attributes must bear in just and rational relation to the object sought to be achieved. In a given case Article 14 of the Constitution may permit a valid classification. However, a classification to be followed 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.

Observing thus, the bench restored the Single Bench judgment and directed allotment of plots to remaining 318 ex employees.

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