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40 Where discrimination is the result of State action, it is violative of Article 14; Non observance itself a proof of violation

191. Non observance itself a proof of violation

The Madras High Court (1990 (II) LLJ 273) held – “non observance of principles of natural justice itself is prejudice to any man and proof of prejudice independently of proof of denial of natural justice is unnecessary”               

192. Where discrimination is the result of State action, it is violative of Article 14

In the words of) – “the principles of natural justice have thus come to be recognized as being a part of the guarantee contained in Article 14 because of the new and dynamic interpretation given by this court to the concept of equality which is the subject matter of that article. Shortly put, the syllogism run thus. Violation of a rule of natural justice results in arbitrariness which is same as discrimination. Where discrimination is the result of State action, it is violative of Article 14”

(Supreme Court in Tulsiram Patel case ( 1985 (II) LLJ 245



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