AMRIT LAL BERRY vs COLLECTOR OF CENTRAL EXCISE, NEW DELHI & ORS.

The Supreme Court dismissed the petition under Article 32, holding that the petitioner failed to demonstrate a violation of fundamental rights related to seniority as per the 1949 memorandum. The Court emphasized that mere non-application of a rule does not justify invoking Article 32 without showing how fundamental rights were infringed. It was clarified that equality of opportunity in employment requires disclosure of unjust denial of opportunities, and the petitioner did not establish that he was unjustly denied seniority. The Court noted that the petitioner's own laches and acquiescence contributed to the inequity in his claim.