Apex Court States That There Can Be No Equality In The Matter Of Illegality
Last Updated on April 7, 2023 by Administrator
The supreme court bench of justices V Ramasubramanian and Pankaj Mithal decided to deny the relief to a school teacher who was dismissed from the service for the reason that he secured through distance education. The petitioner in the case at hand was appointed as a government school teacher in the middle school in 1999. His services were terminated within the span of 15 days on the grounds that he had secured a bachelor degree in Education through the distance education mode from Jiwaji University, Gwalior.
The petitioner filed a writ petition in the high court, challenging the grounds of the termination. The single judge bench of the high court dismissed his plea, which made him approach the higher courts. This order showed that the supreme court has once again stated that there cannot be equality in the matter of illegality. The bench stated that Apex court had already settled the issues related to the eligibility of the person holding a Bachelor Degree through distance education mode.
This implied that if other people have secured the benefit of the order, the same orders are not in accordance with the law laid down by the Supreme Court. The apex court gave the reasoning that the petitioner has served for a span of 15 days and that a period of 24 years had now passed.
The petitioner was being represented by Senior Advocate NK Mody, who argued that the same judge passed an order in the favour of other candidates who secured their bachelors degree in the same manner. This was contended while relying on the judgement passed in official liquidator v. Dayanand.
Written By – Unnati
