SC lifts HC stay on shifting HP Backward Classes Commission HQ, calls it a policy matter

The Supreme Court on Monday set aside the Himachal Pradesh High Court’s order staying the State government’s decision to shift the headquarters of the Himachal Pradesh Commission for Backward Classes from Shimla to Dharamshala, holding that such decisions fall squarely within the policy domain and have minimal scope for judicial interference.

Emphasising judicial restraint, a Bench of Chief Justice Surya Kant, Justices Joymalya Bagchi and N V Anjaria observed that courts should ordinarily refrain from interfering in executive decisions that concern administrative policy and affect the public at large.

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“Prima facie, it seems to us that the shifting of HQ of an institute is a policy matter which has least scope of justiciability, especially if it affects the rights of the public at large… there is no reason for the State to not shift the office,” the Court said, while lifting the High Court’s interim stay.

The Bench clarified that it was not expressing any opinion on the merits of the matter pending before the High Court but found no justification for continuing the restraint on the State’s proposal. It accordingly permitted the State to shift the Commission’s headquarters to Dharamshala or any other suitable place, subject to further orders in the pending proceedings.

The High Court had, on January 9, stayed the proposed relocation after a public interest litigation was filed by Ram Lal Sharma, who opposed the move. The petitioner argued that the Commission was already housed in leased premises at Shimla and questioned the lack of clarity regarding infrastructure and accommodation at Dharamshala. The High Court sought responses from the State and ordered the status quo until further hearing.

Senior Advocate Madhavi Divan, appearing for the State, justified the move by pointing out that a large proportion of the backward class population resides in Kangra district, where Dharamshala is located.

Apparently accepting this, the Court remarked that institutions meant to serve the public should ideally be closer to those who require access to them. “When we seek access to justice or redressal at the doorstep, should we not think in this regard?” the Bench observed.

CJI Kant also expressed concern over courts entering administrative terrain, stating that the judiciary should remain aloof from such decisions unless they are “directly in the teeth of constitutionality or Part III of the Constitution”.

With these observations, the Supreme Court lifted the High Court’s stay, allowing the State to proceed to move the headquarters of the Himachal Pradesh State Commission for Backward Classes from Shimla to Dharamshala.