I was denied a Dwarka government benefit that others got; does Article 14 help?
KA Asked by Karthik Subramaniam from India
Quick Answer
Article 14 guarantees equality before the law and equal protection of the laws, which includes the right against arbitrary state action.
Detailed Legal Analysis
Article 14 guarantees equality before the law and equal protection of the laws, which includes the right against arbitrary state action. Denying a benefit to one person while granting it to similarly placed others without a reasonable classification is violative of Article 14.
File a writ petition under Article 226 in the Delhi High Court challenging the denial and seeking a mandamus to grant the benefit. The court will examine whether the classification has a rational nexus to the objective and whether the denial was arbitrary.
Delhi Rent Control Act 1958 that grants the benefit must be applied uniformly, and any executive deviation can be struck down as arbitrary. Collect the order denying the benefit, the orders granting it to others, and the relevant scheme document in Dwarka.
The court can direct the authorities to extend the benefit to you and to pay the arrears with interest.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.