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They were also disposed of with a similar observation. Either on account of wrong interpretation of those orders, or collusion between the officers and petitioners concerned, hundreds of persons were given backdoor entry into government service without facing competitive selection, flouting reservation policy, that too after a gap of 25 years. Let me hasten to clarify that in deserving cases, relief should not be denied even if it involves a financial burden or inconvenience. The problem arises only where unwarranted relief is granted on grounds of sympathy, without comprehending the consequences to gain the tag of "relief- oriented Judge", opening the floodgates for undeserving claims resulting in administrative chaos and enormous financial burden on the States."

5. Moreover, the law has become more mysterious and more complex.

Judges therefore find more and more need for balancing strong opposing views by a dialectical process, where courts are faced with propositions which are so apparently contradictory that there is no way of reconciling them. Jurists like Kelsen would not have found this a problem because he argued that in the law two propositions cannot really be contradictory. One must not be "law" at all. But even if Kelsen's argument is valid, the process of putting them side-by-

side and then raising the discussion of two valid theories to higher levels in which both views have force, demands a constructive effort which requires great skill and deep understanding of modern life. The debate about judicial creativity tends to be vague and finally futile, but it does raise the problem of how far a judge, particularly at a high level, is obliged now to use discretionary powers far more freely and openly than he has in the past.

6. Discretion is not opposed to law. It is law and it is governed by legal rules. It is not at "large", not arbitrary nor "free justice". It works by legal processes. It cannot destroy a binding principle or negate a clear statutory discretion which plainly fits the facts. So one need not be afraid of discretions, they are the law itself, just as a bird may develop new colour, sharper claws or bigger eyes to exist in a new environment, especially in what the biologists call a "catastrophic" one. Our Age is not yet catastrophic, but we are living in a vastly changed environment, where the random mutations are necessary. It is change or perish. Either the common law, remaining true to its traditions, will take some risks or it will be replaced, like an extinct species of dinosaurs.

61. Bombay as a State and also as a cosmopolitan city__ unofficially crowned as commercial capital of the country, has its own peculiar problems. People from all over the country rush to Bombay in search of employment and opportunities.Not all are blessed enough to find shelter much less of their own. A huge administrative set up in the governance is needed involving a large number of personnel to manage the huge population accompanied by evergrowing influx of people. Accommodation is needed to house the people and activities including official ones catering to the needs of people. The premises were liberally requisitioned to satisfy the needs of the needy. The requisitioning did not solve the problem which continued to persist resulting in endless renewals of requisitioning which was held by this Court to be vitiated on account of virtual acquisitioning without payment of compensation resulting from recurring and non- intermittent cycles of requisitioning. It was struck down. Consequent upon constitutional interpretation and adjudication by this Court thousands, if not lakhs of persons and substantial activity of government, semi-government bodies and PSU's ran the risk of being rendered roofless and out of gear. They all needed to be protected by State intervention and constituted a class by themselves. All such premises whose occupants were under the threat of eviction also constituted property capable of identification by a well defined classification. The Legislature chose to step in and enact a legislation, which would protect the threatened evictees from likely eviction. The persons and premises - both constitute a well defined class by themselves and the classification cannot be said to be arbitrary; it is capable of being distinguished from others not included in that class. Such classification has an apparent and clear nexus with the object sought to be achieved. The impugned legislation does not, therefore, suffer from either arbitrariness or invidious discrimination. The challenge that the impugned Amendment Act falls foul of Article 14 of the Constitution must therefore fail.