'No Equality In Matter Of Illegality' : Supreme Court Denies Relief To School Teacher Dismissed For Degree Through Distance Education

A Bench of Justices V Ramasubramanian and Pankaj Mithal opined that the Apex Court had already settled the issue of eligibility of persons holding a Bachelor degree through distance education mode.

“But unfortunately for the petitioner, the question of law on the issue of eligibility of persons holding Bachelor degree in Education through the distance education mode is already settled by this Court. Therefore, if other people have secured the benefit of an order, those orders are not in accordance with the law laid down by this Court. It is well settled that there cannot be equality in the matter of illegality.”

The petitioner was appointed as a Teacher in the Government Middle School in 1999. Within 15 days, his services were terminated on the ground that he had secured a Bachelor degree in Education through the distance education mode from Jiwaji University, Gwalior.

Challenging the order of termination, the petitioner filed a writ petition before the High Court. A Single Judge of the Court dismissed the plea; this was even confirmed by a Division Bench later. This prompted him to knock the Top Court’s doors.

The Court firstly noted that the petitioner had served only for 15 days and that a period of 24 years had now passed.

Senior Advocate NK Mody, for the petitioner argued that the very same Judge, passed an order in favour of other candidates who had secured a Bachelor degree in Education through distance education mode. So, passing different orders in favour of different individuals was actually not a matter of judicial propriety, it was contended while relying on the judgement in the case, Official Liquidator vs. Dayanand.

Though noting that the High Court Judge had ruled in favour of certain other candidates, the same principle can’t be applied here, the Court said while dismissing the appeal.

"if other people have secured the benefit of an order, those orders are not in accordance with the law laid down by this Court. It is well settled that there cannot be equality in the matter of illegality. Therefore, the petition deserves to be dismissed"

Case Title: Sunil Kumar Soni Versus State Of Rajasthan And Ors | Special Leave To Appeal (C) No(S). 27633/2017

Citation : 2023 LiveLaw (SC) 271

Constitution of India - Article 14- Doctrine of equality- there cannot be equality in the matter of illegality - can't claim benefit of illegal orders passed in the cases of other persons- denies relief to school teacher who secured bachelor's degree through distance education