VIKRAM SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THE dispute raised in this writ petition relates to the location of a newly sanctioned Junior High School. The Petitioner has not produced the Government Order sanctioning the said Junior High School so that the Court can come to the conclusion that the Junior High School was sanctioned for the particular place mentioned by the Petitioner. In the absence of such a relevant information, the Petitioner cannot insist that the Junior High School should be constructed at the place mentioned by the Petitioner.

(2.) EVEN otherwise, it is not for the High Court to decide under Article 226 of the Constitution of India, where the location of a school or a bridge or a public office should be located. These are matters to be decided by the authorities concerned in the Government. If a citizen has got any grievance about the decision taken by a lower functionary in the Government, he can very well approach the higher functionaries in the Government and get the grievance redressed. We have no reason to assume that all the functionaries in the Government will take decisions in violation of statutory provisions or disregarding the interest of the public and the welfare of the people. We cannot also assume that the Judiciary has the monopoly of wisdom or virtues. Only if the decision of the authorities in the Government is violative of any fundamental right of a person or is violative of any provisions of the statute or is malafide, the aggrieved person has a cause of action to approach the High Court under Article 226 of the Constitution of India. Such a cause of action has not arisen in this case.