N. Abdul Basheer & Ors. Etc. Etc vs K.K. Karunakaran & Ors on 5 May, 1989
7. Learned counsel for the applicants has contended that it is no more res-integra that arbitrariness is negation of Rule of Law and, therefore, if the Courts find arbitrariness in state action they are competent to strike it down without being impeded by technicalities. According to him the present case of applicants is a clear case of discrimination and arbitrariness because Rs.7 Lakh package condition is discriminatory in comparison with private sector employees. BSNL candidates having 12 years of service and Rs. 7 Lakh package are not eligible to compete in the examination whereas private sector candidates satisfying this condition are eligible. The condition that BSNL Executives must be having experience in E-4 grade has caused great injustice to the BSNL Executives. He further stated that Recruitment Rules for the post of Sr. DGM were framed in 2011. For that not only Telecom experience is required but weightage has been given to the service rendered. However, this is not the case in Recruitment Rules for DGM. Relying on the judgement of Apex Court in the case of N. Abdul Bashir Vs. K.K. Karunakaran, 1989 Supp. (2) SCC 344 he stated that it was held that ordinarily it is for the Government to decide upon the consideration which in its judgment to be underlying factor in policy formulation. However, if the consideration is proved to be of no relevance to the object sought to be achieved, it is open to the Court to strike it down.