M.P.Singh, J. - (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. It is equally true that absolute discretion is a ruthless master. It Is more destructive of freedom than any of man's other inventions. The administrative orders are experted to foe reasonable and fait' in the oyes of public to ensure the rule of law and to prevent failure of justice. The instrumentality of the Government is not expected to behave like a private litigant. It should act in conformity with certain healthy standards and norms. These elements are missing in the present case. The Department of Tourism, U. P. has established two Government institutions of Hotel Management, Catering Technology and Applied Nutrition. One is at Almora and the other at Dehradun. They have separate management and different prospectus. They have their full control over day-to day affairs. Only general poliicy decisions and financial aspects are controlled by the State Government.
(3.) EACH institution holds its separate examination and interview for admission. In the month of April, 1993 an advertisement was issued in the "Employment News" inviting application forms from the candidates desirous of taking admission in the said institutions.;