When any injustice is done by State or an authority under state, people rush to High Court against Arbitrary action of Government.
An arbitrary action violates fundamental right under Art. 14 of equality.
High Court calls upon other side.
The Govt authority files their reply that particular action is as per certain Govt resolution, or circular or rule.
High Court dismisses case.
Because High Court only has to see whether particular order of Govt is as per rules or not. There it’s powers end.
What need to be done?
As soon as Govt files reply that their action is as per certain Rule, Circular or Policy, the petition should be immediately amended and that particular Rule, Resolution or Circular also need to be challenged as violative of Art. 14.
Then only High Court gets power to examine legality of that Rule, Circular or policy.
Many time this is not done and good cases are lost.
Haresh Raichura
25/1/2013
Haresh A. Raichura 