16. We are constrained to refer to the above decisions and principles
contained therein because we find that often Uma Devis case (supra) is
being applied by Courts mechanically as if it were a Euclids formula
without seeing the facts of a particular case. As observed by this Court in
Bhavnagar University (supra) and Bharat Petroleum Corporation Ltd.
18. We may further point out that a seven-Judge Bench decision of this
Court in Maneka Gandhi vs. Union of India & Anr. AIR 1978 SC 597
has held that reasonableness and non-arbitrariness is part of Article 14 of the
Constitution. It follows that the government must act in a reasonable and
non-arbitrary manner otherwise Article 14 of the Constitution would be
violated. Maneka Gandhis case (supra) is a decision of a seven-Judge
Bench, whereas Uma Devis case (supra) is a decision of a five-Judge Bench
of this Court. It is well settled that a smaller bench decision cannot override
a larger bench decision of the Court. No doubt, Maneka Gandhis case
(supra) does not specifically deal with the question of regularization of
government employees, but the principle of reasonableness in executive
action and the law which it has laid down, in our opinion, is of general
application.