PAWAN MALIK Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) IN the instant case I am satisfied that the combined merit list, for admission to two different institutes, prepared by the opposite parties for the academic year 1993-94 is wholly arbitrary.

(2.) THE Government and its instrumentality while passing even an administrative order can never be permitted to be irrational or unreasonable. If it departs from such standard or norms in any case, its action would be liable to be struck down as arbitrary. It has always to meet the test of reasonableness and public interest. No doubt some-times the administrative orders are discretionary in nature but that does not give a lever to the authorities to be fanciful in their choice. THE problem of administrative discretion is a complex one. It is true that the Government cannot function without the exercise of some discretion by the officials. It is necessary not only for the individualization of the administrative power but also because it is humanly impossible to lay down a rule for every conceiveable eventuality in the complex art of modern government.

(3.) EACH institution holds its separate examination and interview for admission.