Himachal Pradesh HC states that the scope of judicial review is limited in a policy decision like the opening of government colleges

In the case of Ashok Negi v. State of Himachal Pradesh, writ petitions were filed “pro bono publico” claiming inaction on part of the respondent-State Government in not opening certain colleges, which were announced by the previous government during the year 2017.

The primary grievance raised in the writ petition is that with the change of political guard, the situation in respect of the functioning of the college also changed. The college did not function despite the fact that 13 students including 10 girls had taken admission to the college for the academic year 2018-19.

The court stated that since the enrolment of students were less and infrastructure was lacking, the college was not open yet. This was considered a reasonable decision by the court.

Considering the limited scope of interference that the Court can exercise in case of policy decisions, the division bench of Justices Tarlok Singh Chauhan and Jyotsna Rewal Dua allowed concerned authorities to use their discretion so as to hear the matter at the earliest.

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