Courts can't act as super legislature: SC

Courts can't act as super legislature: SC

"The courts do not substitute their views in the decision of government with regard to policy matters. In fact, the court must refuse to sit as an appellate authority or super legislature to weigh the wisdom of legislation or policy decision of the government unless it runs counter to the mandate of the Constitution," a bench of justices P Sathasivam and B S Chauhan said.

The bench headed by Justice P Sathasivam set aside the Himachal Pradesh High Court's order which had quashed the state cabinet's decision to frame guidelines for education policy.

"With regard to the importance of human resources, especially manpower requirement in various professional and technical fields, the government is free to frame its policy, alter or modify the same as to the needs of the society. In such matters, the courts cannot interfere lightly as if the government is unaware of the situation," the bench said.
"We are satisfied that the High Court was not justified in interfering with the cabinet decision which was not the issue or challenge in the petition," the bench said.The court passed the order on an appeal filed by the state government challenging the high court order.

In this case, the state cabinet had taken a decision restraining private education institutes from running the course in three streams--- Art & Craft, Library Science and Physical Training on the ground that those were no longer relevant in modern day context.

The private institutes had approached the high court which set aside the cabinet decision. Thereafter, the state government approached the apex court.

Quashing the High Court's order, the bench said government is best suited to frame a policy in this regard.

"The High Court has lost sight of the fact that education is a dynamic system and courses have to keep changing with regard to market demand, employability potential, availability of infrastructure, etc.

"No institute can have a legitimate right or expectation to run a particular course forever and it is the pervasive power and authority vested in the government to frame policy and guidelines for progressive and legitimate growth of the society and create balances in the arena inclusive of imparting technical education from time to time," the bench said

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