(1.) Our constitutional scheme for governance is based on the rule of law. Absence of arbitrary power, as the Apex Court observed in S.G. Jaisinghani V. Union of India & others (AIR 1967 SC 1427), is the first essential of the rule of law. In a system governed by the rule of law, discretion, when conferred upon executive authorities, must be confined within clearly defined limits. "Law has reached its finest moments," observed Douglas, J, in United States V. Wunderlich, (1951) 342 US 98, "when it has freed man from the unlimited discretion of some ruler......where discretion is absolute, man has always suffered." If a decision is taken without any principle or without any rule, it is unpredictable and such a decision is the antithesis of a decision taken in accordance with the rule of law.
(2.) Article 16 of the Constitution of India guarantees equality of opportunity for all citizens in matters of employment or appointment to any office under the State or to promotion from one office to a higher office thereunder. Article 16 is nothing, but one of the facets of the concept of equality enshrined in Article 14 thereof. In other words, Article 16 aims at giving effect to the doctrine of equality in the matter of appointment and promotion.
(3.) When the rules of recruitment, in a given case, make provisions for relaxation, such relaxation has to be guided by some known and determined principles and cannot be unpredictable. If the relaxation goes to the extent of making the rules non est, it will be tantamount to making the powers of relaxation unpredictable and undefined. Such unbridled power is an anathema to the sense of justice and the rule of law, which our Constitution embodies.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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