ROMESH CHANDER Vs. STATE OF H.P.

JUDGEMENT

(1.) The Petitioners who at the relevant time were Members of Himachal Pradesh State Commission for Backward Classes ("Commission" for short), have filed this petition under Article 226 of the Constitution of India seeking the following reliefs :

(2.) Vide Notification No. Kalyan-Ch(10)-6/90-III dated September 30, 1993, pursuant to the judgment dated November 16, 1992 passed by the Supreme Court of India in Writ Petition No. 930 of 1990; Indra Sawhney and Ors. v. Union of India and Ors., the Government of Himachal Pradesh issued Himachal Pradesh State Commission for Backward Classes Order, 1993 ("1993 order" for short) whereby it constituted the commission to exercise the power conferred upon it and to perform the functions assigned to it under 1993 Order in accordance with the direction given by the Supreme Court in the aforesaid case. Undoubtedly, 1993 Order is a pure and simple Executive Order, in the form of an Administrative Instruction and purportedly it has been issued in the purported exercise of the power vested in the State Government under Article 16(4) of the Constitution of India.

(3.) Clause 4(1) of 1993 Order, as it originally stood, read as under: