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1 - 3 of 3 (0.25 seconds)M/S. Mangalam Organics Ltd vs Union Of India on 24 April, 2017
4. The creation of post and disbandment of post are purely an
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W.P.No.19618 & 19620 of 2009
administrative discretion of the Government and the petitioners cannot have a
right to demand either for creation of a post nor there can be a grievance against
disbandment of post. The learned counsel for the respondents states that
G.O.(Ms)No.221, School Education (R1) Department, dated 27.08.2009 has been
acted upon. It is well settled that a Writ Court while exercising jurisdiction under
Article 226 of the Constitution of India, should not interfere with the decision of
the State unless the policy decision is totally perverse. The Hon'ble Supreme Court
in the case of Mangalam Organics Limited Vs. Union of India, (2017) 7 SCC 221,
held as under:-
Indian Express Newspapers (Bombay) ... vs Indian Express Newspapers (Bombay) ... on 10 March, 1978
"39. The matter can be looked into from another angle as well.
When “power” is given to the Central Government to issue a notification
to the effect not to recover duty of excise or recover lesser duty than
what is normally payable under the Act, for deciding whether to issue such
a notification or not, there may be various considerations in the mind of
the Government. Merely because conditions laid in the said provisions are
satisfied, would not be a reason to necessarily issue such a notification. It
is purely a policy matter. No doubt, the principle against arbitrariness has
been extended to subordinate legislation as well [see Indian Express
Newspapers (Bombay) (P) Ltd. v. Union of India [Indian Express
Newspapers (Bombay) (P) Ltd. v. Union of India, (1985) 1 SCC 641 : 1985
SCC (Tax) 121] ]. At the same time, the scope of judicial review in such
cases is very limited. Where the statute vests a discretionary power in an
administrative authority, the court would not interfere with the exercise
of such discretion unless it is made with oblique end or extraneous
purposes or upon extraneous considerations, or arbitrarily, without
applying its mind to the relevant considerations, or where it is not guided
by any norms which are relevant to the object to be achieved."
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