reasonable expectations involved in life in civilized
society and a freedom from arbitrary and unreasonable exercise
of the power and authority of those ... foundation for a society where rule of law has
primary and not arbitrary or capricious exercise of power.
[ Kartar Singh v. State of Punjab
absence of
any such infirmity the cancellation of the examination was
arbitrary and unsustainable, declared the High Court.
8. There is no quarrel with ... mean that the State has the licence of acting
in an arbitrary manner. The decision not to
fill up the vacancies has to be taken
under Article 156 , cannot be
an unfettered discretion, nor can it be arbitrary, capricious, unreasonable or
malafide. The power of removal should be used only ... claim any right to do what it pleases, as Constitution
abhors arbitrariness and unfettered discretion. He stated that the removal
should be for a reason
proper relation to the attempted classification and is not a mere
arbitrary selection. Persons concerned in offences or cases
needing so-called speedier trial ... justice
is afforded equally. Closed trials breed suspicion of prejudice
11
and arbitrariness, which in turn spawns disrespect for law.
Public access is essential, therefore
Policy;
ii the decision of 6 January 2001 denying such
exemption was arbitrary (which was
challenged but alleged not to be on record ... quashed the order dated 06.01.2001 on the basis that it was
an arbitrary somersault after 05.12.2000. This conclusion is
erroneous as the aforesaid order
Division Bench, if accepted, it
would tantamount to giving an uncanalised and arbitrary power
to State Government to issue licences at its whim and caprice ... district level on the ground inter alia that the same is
arbitrary. He referred to the previous policy and pointed out
that change in policy
such business and term of 15 years were not
held to be arbitrary, discriminatory or mala fide; rather these
conditions were held in public interest ... including its other facts pointed out above) but
must be free from arbitrariness not affected by
bias or actuated by mala fides.
(6) Quashing decisions
Nigam, who were directly appointed except Group 'D' employees
is arbitrary and as such it was declared non-est. Further, all the
petitioners ... cannot be sub-divided and sub-classified on the
12
basis of arbitrary and irrational principle. To give strength to their
aforesaid arguments, reliance
Institutions affiliated to it) Regulations, 2009 as notified on 11.07.2009 is arbitrary and violative of Articles 14 and 16 of the Constitution of India ... amendment of the Minimum Qualification Regulations, 2009, dated 11th July, 2009, is arbitrary and violative of Articles 14 and 16 of the Constitution, learned Judge
that retirement of the government employees at the age of
57 is arbitrary and (ii) that classification of the government
employees in two groups ... Association challenged the
constitutional validity of the 2nd Amendment Act, 2009 being
arbitrary, irrational, ultra vires and violative of Articles
