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2015 DIGILAW 1574 (HP)

H. P. Khadi & Village Industries Board v. Haria Ram

2015-10-28

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN

body2015
Judgment : Mansoor Ahmad Mir, Chief Justice (Oral) LPA No. 495 of 2012 is directed against the judgment dated 21.8.2012, passed in CWP No. 1328/2012, LPA No.4018/2012, is directed against the judgment dated 27.12.2012, passed in CWP No. 2867 of 2012 and LPA No. 125 of 2015 is directed against the judgment dated 13.5.2014, passed in CWP No. 1871 of 2012, by the learned Single Judge of this Court, whereby the respondents were directed to frame a Policy/Scheme. 2. It is apt to reproduce paras 4 of the impugned judgment made in CWP No. 1328 of 2012 dated 21.8.2012, subject matter of LPA No. 495 of 2012 herein. “4. In view of the definitive law laid down by their Lordships in (2008) 5 SCC 100 0 (supra), the respondents are directed to frame a scheme within a period of 8 weeks from today to provide promotional avenues to the petitioners and similarly situate persons.” 3. It is moot question whether the Court can issue writ of mandamus commanding/directing the State or the other instrumentalities to frame a Policy/ Scheme. However, the learned counsel for the writ petitioners respondents herein have relied upon the judgments delivered by the apex Court in Raghunath Prasad Singh versus Secretary Home (Police) Department government of Bihar and others reported in 1988 (Supp) SCC 519, Council of Scientific and Industrial Research and another versus KGS Bhatt and another reported in (1989) 4 SCC 635 , State of Tripura and others versus K.K. Roy reported in (2004) 9 SCC 65 , Food Corporation of India and others versus Parashotam Das Bansal and others reported in (2008) 5 SCC 100 and A. Satyanarayana and others versus S. Purushotham and others reported in (2008) 5 SCC 416 . 4. In the given circumstances, at the best the Court can direct the State to consider for framing a Policy or Scheme and cannot direct the State to frame a Scheme or Policy. 5. Having said so, the impugned judgments are modified by providing the respondents to consider the framing of the policy within the stipulated period, as early as possible, preferably within 12 weeks from today. 6. Accordingly, the LPAs are disposed of along with pending applications, if any, and the impugned judgments are modified as indicated hereinabove.