The Supreme Court has set aside an interim order of the Himachal Pradesh High Court that had put the state government’s decision on hold to shift the Himachal Pradesh Commission for Backward Classes from Shimla to Dharamshala.
A Bench headed by Chief Justice of India Sanjiv Khanna observed that the relocation of a statutory body’s office falls within the domain of government policy and does not ordinarily warrant judicial interference at an interim stage. The Court noted that the High Court had stayed the decision even before the state could file its detailed response.
Allowing the appeal filed by the Himachal Pradesh government, the Supreme Court clarified that the High Court proceedings may continue, but there was no justification to restrain the government from implementing its decision meanwhile. The stay order was therefore lifted.
The High Court had earlier passed the interim stay while hearing a public interest litigation filed by a former member of the Commission. The petitioner had argued that the move was unnecessary, citing the long-term lease of the office premises in Shimla, the limited staff strength of the Commission, and the absence of clear infrastructure arrangements in Dharamshala.
Before the Supreme Court, the state government defended its decision, stating that shifting the headquarters to Dharamshala would improve accessibility for backward class communities, a significant number of whom reside in the Kangra region. It was also submitted that the Shimla office would continue to function as a camp office.
The Supreme Court emphasised that decisions relating to administrative convenience and location of offices are best left to the executive, unless there is a clear constitutional or legal violation.
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