FARIDABAD CT SCAN CENTRE Vs. D G HEALTH SERVICES

JUDGEMENT

(1.) This petition for special leave was originally dismissed by an order dated 16-12-96 passed by a Bench of two Judges - Verma, J. (as he then was) and Kirpal, J. In view, however, of a judgment of a another Bench of two Judges (K. Ramaswamy and G. B. Pattanaik, JJ.), in a similar matter Mediwell Hospital and Health Care Pvt. Ltd. v. Union of India (1997 (1) SCC 759 : (1997 AIR SCW 424) the order of 16-12-96 was recalled by the order of 8-8-97. The reasons for recall as set out in the order of 8-8-97 are :-

(2.) The Court, however, granted relief to the appellant in that case on the ground that several other individual diagnostic centres not attached to any hospital had been granted the exemption under the notification in question and hence there should not be any discrimination against the appellant under Art. 14. The relief was granted entirely on the basis of Art. 14.

(3.) We fail to see how Art. 14 can be attracted in cases where wrong orders are issued in favour of others. Wrong orders cannot be perpetuated with the help of Art. 14 on the basis that such wrong orders were earlier passed in favour of some other persons and, therefore, there will be discrimination against others if correct orders are passed against them. In fact, in the case of Union of India (Railway Board) and others v. J. V. Subhaiah, 1996 (2) SCC 258 : (1996 AIR SCW 705), the same learned Judge in his judgment has observed in para 21 that the principle of equality enshrined under Art. 14 does not apply when the order relied upon is unsustainable in law and is illegal. Such an order cannot form the basis for holding that other employees are discriminated against under Art. 14. The benefit of the exemption notification, in the present case, cannot, therefore, be extended to the petitioner on the ground that such benefit has been wrongly extended to others. With respect, the decision in Mediwell Hospital (supra) does not lay down the corret law on this point.