No parity in illegality: One illegality cannot become basis for another illegality

Allahabad High Court: A Single Judge Bench comprising of Ajay Bhanot, J. dismissed the petition by stating that one illegality cannot be weighed on the illegality of some other individual.

The petitioner through his counsel Awadhesh Prasad has contended that he was not allowed to appear for the examination in the respondent university as his attendance was 38% and not the minimum set by the university which was 80% but that was not the point of his contention. He submits that one Prateek Singh with 30% attendance was permitted to appear in the examination having attendance less than him.

The Court was of the view that one illegality cannot become the basis for another illegality. An individual has to succeed on the footing of his own rights and cannot base his claim on illegality committed by an authority to favour another person. Accordingly, the petition was dismissed. [Prince Namdev v. State Of U.P.,2018 SCC OnLine All 3109, Order dated 18-12-2018]

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