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.