AIR 1995 SUPREME COURT 705 ::1995 AIR SCW 493 ::1995 (1) SCC 745 ::(1995) 2 BankCas 191 ::(1995) 25 All LR 522 ::1995 HRR 165 ::(1995) 2 Pun LR 176 ::(1995) 1 RentLR 346 ::(1995) 1 SCR 126 (SC) ::(1995) 1 LandLR 538 ::(1995) 1 JT 445 (SC)

Supreme Court Of India

(From : Punjab and Haryana)*

Hon'ble Judge(s): B. P. Jeevan Reddy, Sujata Manohar , JJ

(A) Constitution of India , Art.14— Discrimination - Particular order passed by Authority in case of similarly situated another person - Can never be ground for issuing writ in favour of petitioner - Illegal/unwarranted order by Authority - Does not entitle High Court to compel Authority to repeat that illegality over again and again - Such orders by Authorities cannot be treated as precedents. Precedents - Order action by authority in particular case - Cannot be equated with judgment of SC / High Court - Nor can be elevated to level of precedents.Decision of Punj. and Har. High Court in C.W.P. No. 3394 of 1992, D/- 14-10-1993, Reversed. Generally speaking, the mere fact that the respondent-authority has passed a particular order in the case of another person similarly situated can never be the ground for issuing a writ in favour of the petitioner on the plea of discrimination. The order in favour of the other person might be legal and valid or it might not be. That has to be investigated first before it can be directed to be followed in the case of the petitioner. If the order in favour of the other person is found to be contrary to law or not warranted in the facts and circumstances of his case it is obvious that such illegal or unwarranted order cannot be made the basis of issuing a writ compelling the respondent-authority to repeat the ill....