High Court Cannot Issue Direction To State To Form A New Policy: Supreme Court Reiterates

The Supreme Court recently reiterated that the High Court cannot issue direction to the State to form a new policy.

The bench of Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar was considering SLP assailing Punjab and Haryana High Court's order dated March 27, 2017 of rejecting the contempt petition filed by the petitioners for non compliance of the direction given on August 27, 2014.

The High Court had opined that it was not a case for initiating contempt action as there was no intentional non compliance by the Department in the order dated August 27, 2014.

While relegating the matter back to the High Court, the bench in Krishan Lal & Ors. v. Vini Mahajan Secretary & Anr. said, "To do substantial justice to the parties, we deem it appropriate to relegate the parties for reconsideration of the writ petition(s), which came to be disposed of vide order dated 27.08.2014, and to explain the correct position in respect of the first part of the direction contained therein. In that, whether it is a case for granting identical relief as given to Dr. Naresh Kumar Kataria or relief which may be similar in nature which can be given to the petitioner(s) herein under the policy of the Health Department.

It is well-settled that the High Court cannot issue direction to the State to form a new policy. The matter ought to be analyzed on its own merits in accordance with law."

The petitioners contended that the High Court's direction had not been complied with and that even they were entitled for the same relief granted in the case of Dr. Naresh Kumar Kataria and others v. State of Punjab and others CWP No. 23138 of 2010 . In this, the Court had granted the benefit of notional fixation to the petitioners with liberty to the petitioners to represent regarding grant of actual benefits. Petitioner's also argued that it was imperative for the Department to extend benefit on notional basis to the petitioner(s) and similarly situated persons.

The Department on the other hand argued that the relief given to Dr. Naresh Kumar Kataria was on the basis of applicable policy of the concerned Department, namely, Animal Husbandry Department. Whereas, the claim of the petitioner(s) had been processed as per the policy of the respondent-Department which was a different Department, namely, Health Department.

Case Title: Krishan Lal & Ors. V. Vini Mahajan Secretary & Anr.| Petition(s) for Special Leave to Appeal (C) No(s). 19731- 19732/2017

Coram: Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar

Citation : 2022 LiveLaw (SC) 68

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