TMI Blog2006 (7) TMI 577X X X X Extracts X X X X X X X X Extracts X X X X ..... o warrant interference. Appeal dismissed. - Writ Petition (civil) 232 of 2006 - - - Dated:- 17-7-2006 - PASAYAT, ARIJIT AND THAKKER, C.K., JJ. JUDGEMENT ARIJIT PASAYAT, J. These three writ petitions, filed under Article 32 of the Constitution of India, 1950 (in short the 'Constitution'), question legality of certain terms in inviting offers for implementation of the scheme called the "Detailed Scheme for Capacity Building of Self Help Groups to Prepare and Supply Supplementary Nutrition under the Integrated Child Development Service (in short the 'ICDS') Programme." By order dated 7.10.2004 in Writ Petition (C) No. 196 of 2001 (People's Union for Liberties v. Union of India and Others) this Court observed as under :- "We have gone through the fifth (August, 2004) report of the Commissioners x x x. Further, the problem of using contractors for procurement has also been mentioned in the report suggesting that it should be done by agencies and officers at the government level." The following directions were issued: "The contractors shall not be used for supply of nutrition in Anganwadis and preferably ICDS funds shall be spent by making use of village co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion Act, 1860 (in short the 'Societies Act'/'Public Trust Act'). According to them, this condition does not in any way further the objectives and on the other hand keeps out genuine organizations. It is pointed out that though the writ petitioners were registered less than three years back, their functionaries have varied experience for long period. Prayer is made for a declaration that the three years period stipulated is irrational, contrary to the objects of the scheme and should be declared to be invalid. The eligibility criteria according to them should be on the basis of actual experience of the persons who are in charge of the legal entities and not the time period of three years as a registered entity. It is submitted that the three writ petitioners have taken various projects and have wide experience and to keep them out would be giving premium to inexperience. Per contra, learned counsel for the Government of NCT of Delhi, submitted that the Government set up a committee of experts consisting not only of senior Government officials but also other experts such as a representatives from the Nutrition Department of Lady Irwin College, a representative of Care India, one o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs experience of working in a relevant field such as Child Development, Nutrition, Formation of SHGs, Supplementary Nutrition, Home Counseling, Nutrition Counseling, Pre-School Activities and women empowerment related works." At this juncture we may take note of a submission by learned counsel for the writ petitioners. It was submitted that the writ petitioners were registered before this Court's order and therefore, it cannot be said that they had registered only to overreach this Court's order. It is pointed out by learned counsel for the respondent that the PUCL case was being heard for a long time, and various details were being called for. The intention of this Court to keep contractors out of the picture was clearly evident. Ekta Shakti Foundation (Writ Petition No. 232 of 2006) was registered on 21.11.2003, Surya Society (Writ Petition No. 233 of 2006) was registered on 5.12.2003 and Jay Gee Society (Writ Petition No. 234 of 2006) was registered on 25.3.2004. While exercising the power of judicial review of administrative action, the Court is not the appellate authority and the Constitution does not permit the Court to direct or advise the executive in matter of policy o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itimate action. Article 14 proceeds on the premise that a citizen has legal and valid right enforceable at law and persons having similar right and persons similarly circumstanced, cannot be denied of the benefit thereof. Such person cannot be discriminated to deny the similar benefit. The rational relationship and legal back up are the foundations to invoke the doctrine of equality in case of persons similarly situated. If some person derived benefit by illegality and had escaped from the clutches of law, similar persons cannot plead nor court can countenance that benefit had from infraction of law and must be allowed to be retained. Can one illegality be compounded by permitting similar illegal or illegitimate or ultra vires acts? Answer is obviously no. In Coromandel Fertilizers Ltd. v. Union of India and Ors., [(1984) Supp SCC 457], it was held in paragraph 13, that wrong decision in favour of any party does not entitle any other party to claim the benefit on the basis of the wrong decision. In that case, one of the items was excluded from the schedule, by wrong decision, from its purview. It was contended that authorities could not deny benefit to the appellant, since he stood ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the petitioner that his claim being just and legal, has been denied to him, while it has been extended to others and in this process there has been a discrimination." In Jaipur Development Authority's case (supra) this Court considered the scope of Article 14 of the Constitution and reiterated its earlier position regarding the concept of equality holding: "Suffice it to hold that the illegal allotment founded upon ultra vires and illegal policy of allotment made to some other persons wrongly, would not form a legal premise to ensure it to the respondent or to repeat or perpetuate such illegal order, nor could it be legalised. In other words, judicial process cannot be abused to perpetuate the illegalities. Thus considered, we hold that the High Court was clearly in error in directing the appellants to allot the land to the respondents." In State of Haryana Ors. v. Ram Kumar Mann [1997 (3) SCC 321] this Court observed: "The doctrine of discrimination is founded upon existence of an enforceable right. He was discriminated and denied equality as some similarly situated persons had been given the same relief. Article 14 would apply only when invidiou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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