ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. Heard Mr. Zamir Z.Shaikh, learned advocate for the appellant and Mr. Kamal Trivedi, learned Advocate General with Mr.Gursharan H. Virk, learned Government Pleader with Mr. Vinay Vishen, learned Assistant Government Pleader with Ms.Dharitri Pancholi, learned Assistant Government Pleader for the respondent No.1-State.

2. Having heard learned Counsels for the appellant and perused the record, pertinent is to note that the writ petition out of which this intra Court appeal has arisen was filed raising an issue with regard to constitution of a committee by the State Government in exercise of its executive powers under Article 162 of the Constitution of India. There is no dispute about the source of power lying in Article 162 of the Constitution of India.

3. The contention of the learned Counsel for the appellant that the State has committed an error in constitution of the committee without a proper Notification is neither here nor there. The scope of judicial review under Article 226 of the Constitution of India does not permit us to enter into the prohibited arena of executive functions under Article 162 of the