|Early Times Report|
JAMMU, Aug 3: In a petition filed by Noor Mohammad Bhat a political activist challenging his evection from government accommodation, Justice Ali Mohammad Magrey of High Court Srinagar Wing while dismissing the petition observed that it is within the domain and area of the competent authority to accept or reject the request of the individual for providing government accommodation.
Justice Magrey said that the policy decision of the competent authority constituted by the government which declined relief to the petitioner cannot be called in question in the court, unless and until the same is arbitrary or, to put in other words, it is irrational and not circumspect or is wayward, aberrant, malicious and capricious, offending the basic requirement of Article 14 of the Constitution of India.
"The petition of the petitioner does not fall within the purview of these parameters. The decision of the competent authority on such matters, i.e. providing of security, shelter and accommodation to a person, cannot be challenged in a Court of law. The competent authority is the best judge to look into these aspects of the case," said the judge.