SC sets aside stay on shifting HP Commission for Backward Classes from Shimla to Dharamsala
Allows the state government to file its reply in the High Court in four weeks
The Supreme Court on Monday set aside a stay ordered by the Himachal Pradesh High Court on the state government’s decision to shift the Himachal Pradesh State Commission for Backward Classes from Shimla to Dharamsala, saying such policy decisions would not ordinarily be justiciable.
A Bench led by Chief Justice of India Surya Kant, however, asked the High Court to decide the petition against the shifting of the state OBC commission after taking note of the reply of the state government.
The Bench, which also included Justices Joymalya Bagchi and NV Anjaria, allowed the state government to file its reply in the High Court in four weeks. The Bench clarified that its comments will not affect the final decision of the case.
The Bench noted that ordinarily the OBC population lived in Kangra and other adjoining areas and such decisions were usually taken “in public interest” and they were usually not justiciable.
"Prima Facie, it seems to us that the shifting of the headquarters of an institution is a policy matter which has least scope of justiciability and especially, if it affects the rights of public at large. It’s difficult to form an opinion at a stage when the state has not even filed a counter (in HC). Since the matter is pending at the high court, we make no further comment on merits,” the top court said.
“However, there is no reason for the State to not shift the office. Thus, we set aside the High Court (stay) order. The State is at liberty to shift the office (of OBC Commission) to Dharamshala or any other suitable place, subject to orders in pending proceedings," the top court said.
The High Court had on January 9 stayed the decision of the state government to shift the office of the Himachal Pradesh State Commission for Backward Classes from Shimla to Dharamsala. The High Court had said that the matter required closer judicial scrutiny.
The High Court’s interim order had come on a PIL filed by Ram Lal Sharma -- a former member of commission -- challenging the state’s decision to relocate the Commission’s headquarters from Shimla to Dharamshala, District Kangra, while retaining the Shimla office as a camp office for the Chairman.
