Constitutional law - Litigating Hand

Food Corporation of India vs. Cletus [MANU/KE/0799/2007]: Kerala High Court

Scope of Article 226 is limited and court is not expected to make a roving enquiry on appointments

8. Zonal officers who manned the offices at the relevant time had exercised their discretion in a particular manner, some refusing the request for relaxation of educational qualification, some others did not. Court under Article 226 of the Constitution is not expected to make a roving enquiry and decide, how discretion has been exercised by each and every officer, and compare with another officer who failed to exercise his discretion. For accepting the plea of compassionate appointments as well as relaxation of the qualification, several factors may weigh with the officer. Financial hardship caused to a family is of prime consideration which may vary, from one case to another, so also availability of vacancy, necessity of relaxing the minimum educational qualification and its impact on the efficiency of the administration and other hosts of factors. Court sitting under Article 226 of the Constitution of India, is not justified in making a fishing enquiry on all those matters, especially when persons cannot as of right claim compassionate appointment as well as exemption from educational qualification.