Case Note & Summary
The dispute arose from writ petitions filed by small scale industries engaged in the manufacture of resin and turpentine oil against the State of Jammu and Kashmir regarding the allotment of resin. The petitioners alleged that they were denied allotments while other respondents, who were not formally registered, received favorable treatment. The State defended its actions by citing its industrial policy aimed at balanced economic development. The court examined the basis of the allotments and found that the State had not adhered to its own policy, leading to arbitrary discrimination against the petitioners. The court emphasized that equality before the law does not permit arbitrary selection and that classifications must have a rational basis. Ultimately, the court partly allowed the petitions, quashing the allotments made to most respondents while upholding those made to five specific industries that met the policy criteria. The State was directed to make the necessary allotments to the petitioners and ordered to pay costs to each petitioner.
Headnote
A) Constitutional Law - Article 14 - Violation of Equality - Allotment of resin to certain industries while denying to others - Constitution of India, 1950, Article 14 - The court found that the State failed to provide a reasonable basis for the allotments made to certain respondents while denying similar treatment to the petitioners, thus violating the principle of equality. Held that the arbitrary nature of the allotments warranted intervention (Paras 1-9).
Issue of Consideration
Whether the allotments of resin made by the State were arbitrary and violative of Article 14 of the Constitution of India.
Final Decision
The court partly allowed the petitions, quashing the allotments made to most respondents while upholding those made to five specific industries. The State was directed to make the necessary allotments to the petitioners and ordered to pay costs of Rs. 100 to each petitioner.
Law Points
- Article 14
- equality before the law
- arbitrary discrimination
- industrial policy
- allotment of resources
