Equality before law not to perpetuate illegality: SC

New Delhi, Mar 16(UNI) The Supreme Court has ruled that the law of equality before law (read article 14 of the Constitution of India) can not be used to perpetuate illegality as it is a positive concept.

A bench comprising Mr. Justice S.B. Sinha and Mr. Justice P.P.Naolekar made the observation last week while allowing an appeal filed by the National Council for Teacher Education (NCTE) against a high court judgment directing it to grant recognition to an institution without completing the requirements necessary for grant of recognition for imparting teachers' education.

The Committee of management and other respondents had applied on Dec. 31,2005 for grant of recognition for B. Ed. course in respect of the academic year 2005-2006.

The appellant vide letter dated April 27,2005 informed the Principal of the Institution that legally valid land documents and the lease deed submitted by the applicant was not registered and copy of the building plan approved by the competent authority have not been filed along with the application.

Rejecting the contention of the respondents that other similarly situated institutions have been recognised, the court observed, "Concept of Article 14 carries a positive concept. Only because some illegalities had been committed by the council in respect of another institution,the same may not by itself be a ground for perpetrating the illegality.

It does not lie in the mouth of the applicant to state that despite requirements of law it would not comply with the same.The infrastructural facilities required to be provided must be commensurate with the requirments stated in the said form itself." the apex court concluded.

UNI AKS/XC RP PM1708