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SUPREME COURT OF INDIA
Sanjay Kishan Kaul, Abhay S. Oka, JJ.
Ashwini Kumar Upadhyay – Appellant
Versus
Ministry of Health And Family Welfare & Anr. – Respondents
SLP (Civil) No. 27597 of 2019 with W.P.(C) No. 431 of 2021 W.P.(C) No. 681 of 2021, W.P.(C) No. 736 of 2021 and W.P.(C) No. 480 of 2022
Decided On : 18-11-2022
Executive Government - Subject Matter - The court held that the issue at hand falls under the purview of the executive government and is not a subject matter for the Law Commission or the court to debate on.
Fact of the Case:
The petitioner seeks to withdraw the petition, and the court dismisses the special leave petition as withdrawn. Subsequently, other connected petitions are also dismissed as withdrawn.
Finding of the Court:
The court dismisses the petitions in view of the withdrawal of the special leave petition and the order passed in the connected matters.
Issues:
Ratio Decidendi: The issue at hand is within the jurisdiction of the executive government and is not for the Law Commission or the court to address.
Final Decision: The special leave petition and connected petitions are dismissed.
ORDER
SLP(C) No. 27597/2019
1. The problem is emanating from something which the executive Government of the day has to look into. This cannot be a subject matter of report by a Law Commission or a debate before this Court.
2. Learned counsel for the petitioner at this stage seeks to withdraw this petition.
3. The special leave petition is dismissed as withdrawn.
W.P.(C) No. 431/2021
W.P.(C) No. 681/2021
W.P.(C) No. 736/2021
4. In view of the order passed in the special leave petition(Civil) No. 27597/2019, these petitions are also dismissed as withdrawn.
W.P.(C) No. 480/2022
5. In view of the order passed above, (SLP (Civil) No. 27597/2019 and connected matters), the writ petition is dismissed.
The issue falls under the purview of the executive government and is not a subject matter for the Law Commission or the court to debate on.
The court exercised its discretion in issuing specific orders for each case based on the circumstances and merits of the individual matters.
The court's discretionary power under Article 136 of the Constitution to grant or refuse special leave to appeal.
Dismissal of petitions and applications with liberty to approach the High Court, and refusal to entertain a petition under Article 32 of the Constitution based on the issue raised.
Writ petitions should adhere to procedural rules and timelines, with the court allowing amendments due to subsequent events.
Petition withdrawn by counsel; court dismisses as withdrawn without costs.
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