Vinita Umesh Singh vs The Administrator And Ors on 17 December, 2020
34. We are certainly aware that when it comes to framing of
educational standards, it is within the wisdom of the education
authorities and their expertise. The Court would also be loath to
interfere, in academic matters. The Court would also not have any
expertise to substitute any policy in exercise of its jurisdiction of a
judicial review, in regard to a State action. These are settled principles
of law. However, when the policy is unreasonable, discriminatory and
in breach of the equality guaranteed by the Constitution, the Court
necessarily has to step in by exercising its powers of judicial review,
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protect the fundamental rights of the aggrieved persons. When a policy
is unreasonable, the Court would certainly not be powerless to exercise
such constitutional jurisdiction as held by the Supreme Court in State of
Maharashtra & Ors. vs. Lata Arun (supra). The Court held that it would
be within the power of the Court to examine whether the policy
decision or the administrative order is based on a fair, rational and
reasonable ground and as to whether the decision has been taken on
consideration of relevant aspects of the matter.