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“The State Government is fully competent to extend the benefit of exemptions to a particular category and deny the same to other, keeping-in-mind the larger public interest, the nexus and the object sought to be achieved.”
“If the action of official respondents is not set at naught, it would legalize their action. It would create undue benefit in favour of private respondents as well as encourage officers to follow the same practice. It would be violative of Articles 14 and 16 of the Constitution of India because seniority and promotions are facets of conditions of service.”
“By condoning the illegal acts of the violators who carry out encroachments, the State intends to treat such law breakers equal to those persons who abide by the law. This is arbitrariness, because by treating un-equals alike, the State is violating Article 14 of the Constitution.”
“Physical companionship of mother and the baby was mutually advantageous as it promoted bonding between the two, which was essential for their wellbeing. A lactating mother had a fundamental right to breastfeed her baby during its formative years and, similarly, baby had a fundamental right to be breastfed.”
The question before the Court was whether an application remaining pending for an unreasonable period could in itself be classified as an arbitrary and unreasonable act?