The Delhi High Court on Wednesday refused to entertain a public interest litigation (PIL) petition seeking reservation in government jobs and a uniform policy for the rehabilitation of persons affected by terror attacks.
A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia said that the Court cannot issue such directions, as they relate to policy decisions, which are the domain and prerogative of the government.
“Where is this right flowing from? Two per cent reservation in government jobs? There is a difference between the protection of already existing rights and the creation of new rights. You say formulate a policy for the job for the family members of the deceased and provide a two per cent reservation. All this is a matter of policy. Can the courts issue such directions?” the Court asked.
Senior Advocate Ramesh Gupta appeared for the petitioner organisation, South Asian Forum for People Against Terror.
He stated that they were aggrieved by the inaction of the government and that they had written to several authorities, including the Prime Minister’s Office and yet no action has been taken to formulate a uniform policy for the grant of compensation to the families of terror attack victims, medical assistance or concessions in government jobs.
However, the Court said that the reliefs sought lie in the domain of the government and the Court cannot dictate policy.
“There are so many ideas in my mind also about how we should improve the government. Should we issue directions?” Chief Justice Upadhyaya remarked.
Ultimately, the Bench disposed off the plea while asking the petitioner organisation to make a representation to the Central and State governments.
It also asked the authorities to attend to the representation and pass reasoned orders.