Supreme Court sets aside Himachal HC stay on shifting OBC panel to Dharamsala
Permits state govt to file its reply in HC within 4 weeks
The Supreme Court on Monday set aside the Himachal Pradesh High Court’s stay on the state government’s decision to shift the Himachal Pradesh State Commission for Backward Classes from Shimla to Dharamsala, observing that such policy decisions are ordinarily not justiciable.
A Bench led by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and NV Anjaria, however, asked the HC to decide the petition challenging the move after taking note of the state government’s reply.
The Bench allowed the state government four weeks to file its response before the HC and clarified that its observations would not influence the final decision of the case.
The court noted that the OBC population largely resides in Kangra and adjoining areas and such decisions are generally taken in public interest.
“Prima facie, it appears that shifting the headquarters of an institution is a policy matter with limited scope for judicial review, especially when it concerns the public at large. It is difficult to form an opinion when the state has not yet filed a counter in the high court,” the Bench observed.
“However, there is no reason for the state not to shift the office. We, therefore, set aside the HC’s stay. The state is at liberty to shift the office to Dharamsala or any other suitable place, subject to orders in the pending proceedings,” it added.
The HC had on January 9 stayed the government’s decision, saying the matter required closer judicial scrutiny. The interim order came on a PIL filed by Ram Lal Sharma, a former member of the commission, who challenged the decision to shift the headquarters from Shimla to Dharamsala in Kangra district while retaining the Shimla office as a camp office for the chairman.
