Matters Of Train Timings/Connectivity Can’t Be Adjudicated In PIL: SC Sets Aside U’khand HC Order [Read Order]

“It is our considered view that matters of train timings and providing new train connectivity between two locations are essentially matters of policy, to be decided by the competent authority on a consideration of host of relevant facts and circumstances and further that such matters are not appropriate for adjudication in a P.I.L.”

Setting aside a Uttarakhand High Court order, the Supreme Court observed that matters of train timings and providing new train connectivity cannot be adjudicated in a public interest litigation.

The Central Government had approached the apex court against the high court order which closed a PIL filed by the High Court Bar Association recording the affidavit filed on behalf of the Indian Railways before the high court to the effect that necessary orders would be passed in the matter of timing of the train in question and also steps will be taken to provide the new service.

Assailing this order, the Additional Solicitor General submitted before the apex court that such an affidavit was filed ‘under compelling circumstances’.

The bench comprising of CJI Ranjan Gogoi, Justice Sanjay Kishan Kaul and Justice KM Joseph said: “Taking note of the prayers made in the P.I.L. (extracted above) and the manner in which the matter has proceeded and the P.I.L. closed in terms of the affidavit filed by the Railways, we are of the view that the High Court has clearly exceeded its jurisdiction in the matter. It is our considered view that matters of train timings and providing new train connectivity between two locations are essentially matters of policy, to be decided by the competent authority on a consideration of host of relevant facts and circumstances and further that such matters are not appropriate for adjudication in a P.I.L.”

The bench allowed the appeal and set aside the high court order. It then said: “We would also like to add that in the event the Railways consider it feasible, necessary and expedient to make any change in timings or providing new connectivity, as the case may be, it will be open for them to do so.”