UJAGAR SINGH, J.

1. The mandate of the Constitution that the state shall not deny to any person equality before law or equal protection of law, as enshrined in Article 14 of the Constitution of India and that of equality of opportunity for all citizens in matters relating to employment or appointment to any public office as provided in Art.16 thereof, are the principal questions referred to this Bench qua the present case. The idea of formal equality before law in many aspects of human-life is said to be only sham and the Courts have been endeavouring to make people equal who are really unequal. We have instances that every individual has his own different circumstances from almost all others. Taking a practical view, we can imagine that an individual born and brought up in particular circumstances is unable to claim equality with another individual in different circumstances. Some individuals get education just for getting it. Family circumstances cannot permit him to devote time for going to libraries, joining gatherings of good society and be one with those who have higher status or live in a better sphere of life. Except during school/college hours, he may be required b