The Supreme Court has overturned the Himachal Pradesh High Court’s interim stay on the state government’s decision to shift the OBC Commission from Shimla to Dharamshala, observing that such administrative decisions are matters of policy and not usually subject to judicial review. The apex court directed the High Court to consider the matter afresh after the state files its reply within four weeks.
The Supreme Court on Monday set aside the interim order passed by the Himachal Pradesh High Court that had stayed the state government’s decision to relocate the Himachal Pradesh State Commission for Backward Classes from Shimla to Dharamshala.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and N V Anjaria observed that the matter involved a policy decision that ordinarily falls outside the scope of judicial review.
“Such issues pertain to policy decisions and ordinarily do not fall under the judicial domain,” the bench noted, while allowing the Congress-led state government to proceed with its administrative move pending final adjudication by the High Court.
At the same time, the top court clarified that its observations were limited to the context of the interim order and would not influence the final adjudication of the matter.
The bench also acknowledged that the OBC population in Himachal Pradesh is primarily concentrated in Kangra and surrounding areas, stating that decisions like relocation are “usually taken in public interest.”
The court granted the Himachal Pradesh government four weeks to file its detailed reply before the High Court and directed the latter to decide the petition after considering the state’s stand.
The Himachal Pradesh High Court, on January 9, had stayed the government’s January 7 decision to move the Commission’s headquarters from Shimla to Dharamshala. A division bench led by Chief Justice G S Sandhawalia and Justice Ankit passed the interim order while hearing a PIL filed by Ram Lal Sharma.
The petitioner challenged the shifting of the headquarters and contended that it would hamper administrative efficiency and access. The government had also announced that the existing Shimla office would continue to function as a camp office for the Commission’s Chairman.
The High Court had observed that the matter warranted “closer judicial scrutiny” and restrained the government from implementing the transfer until further orders.
With the Supreme Court now setting aside the interim stay, the state government is free to proceed with the relocation, subject to final determination of the legal challenge pending before the High Court.
