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CENSUS COMMISSIONER & OTHERS vs. R. KRISHNAMURTHY

SCR Citation: [2014] 11 S.C.R. 463
Year/Volume: 2014/ Volume 11
Date of Judgment: 07 November 2014
Petitioner: CENSUS COMMISSIONER & OTHERS
Disposal Nature: Appeal Allowed
Neutral Citation: 2014 INSC 762
Judgment Delivered by: Hon'ble Mr. Justice Dipak Misra
Respondent: R. KRISHNAMURTHY
Case Type: CIVIL APPEAL /9996/2014
Order/Judgment: Judgment
1. Headnote

Administrative law:

Policy decision - In an earlier writ petition regarding the appointment and reservation for Scheduled Tribe, the High Court passed directions to the Census Department to take all such measures towards conducting the caste-wise census in the country at the earliest and in a time bound manner so as to achieve the goal of social justice in its true sense - Census Department was not arrayed as a party in that writ petition - In the instant writ petition, the High Court referred to the said directions and allowed the writ petition - Held: High Court had travelled beyond the lis in the first round of litigation - High Court could not have issued such a mandamus commanding the Census Department to carry out a census in a particular manner and it erroneously tried to inject the concept of social justice to fructify its direction - Earlier order was not binding on the Census Department as it was not party to the said lis - High Court's order was wholly unsustainable - Census Act, 1940 - s.8.

Policy decision - Interference by courts, scope of.

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Administrative law
  • Policy decision
  • Interference by courts
5. Equivalent citation
    Citation(s) 2015 (2) SCC 796 = 2015 (2) Suppl. SCC 796 = 2014 (12) JT 563 = 2014 (12) Suppl. JT 563 = 2014 (12) SCALE 549