New Delhi: The Supreme Court on Monday, February 9, set aside an interim order of the Himachal Pradesh High Court staying the decision of the state government to shift the OBC commission from Shimla to Dharamshala.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and N V Anjaria said such issues pertain to policy decisions and ordinarily do not fall under the judicial domain.
The bench, however, asked the high court to decide the plea against the shifting of the state OBC panel after taking note of the reply of the Congress-led state government.
It permitted the state government to file its reply in the high court within four weeks.
The bench said that its observations were primarily related to the grant of an interim order and will not affect the final decision of the case.
At the outset, the bench said that ordinarily, the OBC population live in Kangra and other adjoining areas and such decisions are usually taken “in public interest” and they are usually not justiciable.
Earlier, the high court, on January 9, stayed the decision of the state government to shift the office of the Himachal Pradesh State Commission for Backward Classes from Shimla to Dharamshala.
The high court had said that the matter required closer judicial scrutiny.
A division bench comprising Chief Justice G S Sandhawalia and Justice Ankit had passed the interim order while hearing a PIL filed by Ram Lal Sharma, challenging the state’s decision of January 7.
The plea assailed the government’s decision to relocate the Commission’s headquarters from Shimla to Dharamshala, District Kangra, while retaining the Shimla office as a camp office for the Chairman.
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