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.