1997 (9) TMI 107

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....   [Order]. - This petition for special leave was originally dismissed by an order dated 16-12-1996 passed by a Bench of two Judges - Verma, J. (as he then was ) and Kirpal, J. In view, however, of a judgment of another Bench of two Judges (K. Ramaswamy and G.B. Pattanaik, JJ.), in a similar matter Mediwell Hospital & Health Care Pvt. Ltd. v. Union of India & Ors. [1997 (89) E.L.T. 425 (S.....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rties. In the case of Mediwell Hospital & Health Care Pvt. Ltd. v. Union of India & Ors. (supra), this Court on the merits of the case has not taken a view different from the view taken by the Bench in this case while passing the order of dismissal. In para 10 of that judgment it is recorded as follows :- "Thus a diagnostic centre run by a private individual purely on commercial basis may not b....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....g orders were earlier passed in favour of some other persons and, therefore, there will be discrimination against others if correct orders are passed against them. In fact, in the case of Union of India (Railway Board) & Ors. v. J.V. Subhaiah and Ors. [1996 (2) SCC 258], the same learned Judge in his judgment has observed in para 21 that the principle of equality enshrined under Article 14 does no....