Case: Sunil Kumar Soni v. State of Rajasthan and ors.
In this case, In 1999 the petitioner was appointed as a government teacher in Government Middle School. The court had terminated the petitioner’s job on the ground that he had secured his degree via distant education from Jiwaji University, Gwalior. The petitioner had challenged the court on this order of termination, and filed a writ petition before the High Court. A single judge of the court rejected the plea. The Division bench had also later confirmed that. And this prompted Petitioner to knock the top court’s door.
Senior Advocate NK Mody from the Petitioner’s side argued that in Official Liquidator v. Dayanand the very same judge had passed the different order and passed a judgement in favour of another person who had secured a bachelor’s degree via distant education. So he said that passing a different order in favour of a different person is not a matter of Judicial Propriety. Bench of Justice V Ramasubramanian and Pankaj Mithal said that the Apex Court had already settled the issue regarding eligibility of a person who is holding a degree which is secured via distant education. Therefore if other people have got the benefit of an order then those orders are not in accordance with law and there can’t be equality in matters of illegality. Therefore, Court had denied relief to a school teacher and said that “There can’t be equality in matter of illegality“
Name: Varsha Sukhwal, College: Parul University, Semester: 4th Semester (BALLB)
