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SUPREME COURT OF INDIA
H.K. SEMA, MARKANDEY KATJU, JJ.
Indian Railway Caterers and Tourism Corporation Limited - Appellant
Versus
Indian Railway Major and Minor Caterers Association and other - Respondents
Civil Appeals No. 1336 of 2006 with Nos. 1362 and 1813 of 2006.
Decided on : 26-03-2008
Policy Decision - Reservation - The court upheld the principle that policy decisions of the Government should not be interfered with unless contrary to statutory rules or the Constitution. As the policy in question was not found to be contrary to the law, the court set aside the order of the High Court and allowed the appeals.
Fact of the Case:
The appeals were directed against the judgment of the Division Bench of Orissa High Court, which interfered with the Catering Policy of 2005 in respect of reservations.
Finding of the Court:
The court found that the High Court's interference with the policy was not justified as the policy was not contrary to statutory rules or the Constitution. Therefore, the order of the High Court was set aside, and the appeals were allowed.
Issues: Interference with Government Policy, Compliance with Statutory Rules and Constitution
Ratio Decidendi: Policy decisions of the Government should not be interfered with in a routine manner unless contrary to statutory rules or the Constitution.
Final Decision: The order of the High Court was set aside, and the appeals were allowed. Another appeal was dismissed in view of the order passed in the first appeal.
ORDER :
CA No. 1336/2006
H.K. Sema and Markandey Katju, JJ. - These appeals are directed against the judgment and order dated 24/1/2006 passed by the Division Bench of Orissa High Court.
2. By the impugned order, the High Court has interfered with the Catering Policy of 2005 in respect of reservations. By now it is a well settled principle of law that policy decisions of the Government should not be interfered in a routine manner unless the policy is contrary to the provisions of statutory rules or of the Constitution. Nothing has been brought to our notice that the Policy is contrary to the provisions of the statutory rules or the Constitution. For this simple reason, we set aside the order of the High Court impugned herein.
3. The appeals are allowed.
CA. No. 1813/2006
4. In view of the order passed in C.A.NO.1336/2006 and C.A. NO.1362/2006, this appeal is dismissed.
5. No costs.
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