A bench led by Justice A.M.Sapre criticised a judge of the Uttarkand HC . While setting aside an Uttarakhand High
Court order,the Supreme Court observed that it is not the function of a High Court to frame any Scheme.
The Uttarkand High court ordered for framing a scheme to regularise hundreds of casual workers engaged by the Border
Road Organisation (BRO) under Ministry of Defence in the construction of roads for Char Dham Yatra Pilgrimage to implement
The Supreme Court had directed the Union of India would consider enacting an appropriate regulation/scheme for absorption
and regularisation of the services of the casual workers engaged by the BRO for execution of its ongoing projects.
The High Courts failed to see that it is not the function of the courts to frame any scheme any scheme but it is the sole
prerogative of the government to do it. All that the High Court, in exercise of its extraordinary power under Article 226 of the
Constitution, can do is to direct the Government to consider for framing an appropriate Scheme
SC says: “ It is only in an exceptional case where the Court considers it proper to issue appropriate mandatory directions it
may do so but not otherwise”
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