The Uttarakhand High Court Today issued directions for identification of a suitable location and construction of permanent campus of NIT, Uttarakhand within 4 months.
The division bench comprised of Chief Justice Ramesh Ranganathan, and Justice Ramesh Chandra Khulbe gives a big relief to the students of NIT, Uttarakhand, who have been the ultimate victims of “bureaucratic apathy” and “indifference”.
Generally, the Courts do not interfere with the policy decisions taken by the Government but in the present case, the division bench found it irrational and against the safety of students and faculty. The division bench using his power under Article 226 of the Constitution of India has interfered with the expert reports and policy decisions of the Government, vis-à-vis welfare of students. As per the geo-technical survey carried out by the Geological Survey of India the Court has found it completely ignorant toward those for whose benefit the institution is primarily established the Court held that,
“While it is not open to the High Court, in the exercise of its powers of judicial review, to substitute its views for that of the Central Government, the Court can, on being satisfied that the decision, to locate the permanent campus at Sumari, “only to end the impasse”, is irrational and arbitrary, direct the Government of India to re-examine the matter from the safety angle, seek expert opinion in this regard, and then take a conscious decision on whether Sumari, as the location for the permanent campus of NIT, Uttarakhand, satisfies the minimum safety norms required to house the students and the faculty of NIT”.
By this the Court has resolved a long deadlock between the Central and the State Government.
Read the Judgment here;
-India Legal Bureau
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