2007 (3) TMI 782 - SC - Indian Laws

Supreme Court overturns order on Gramin PCO operation, citing lack of reasons. Guidelines found arbitrary.

The Supreme Court set aside the High Court's order granting permission to operate a Gramin PCO, finding the guidelines arbitrary and violative of Article ... - Issues involved: Challenge to order allowing writ petition regarding permission to operate Gramin PCO based on guidelines of Ministry of Communication.Summary:Issue 1: Challenge to High Court order allowing writ petitionThe appeal challenged the order of the Allahabad High Court granting permission to operate a Gramin PCO based on the allegation of guidelines being arbitrary. The High Court held the guidelines to be violative of Article 14 of the Constitution without providing reasons. The appellants argued that the guidelines were in line with the national Communication Policy and that additional PCOs could be provided based on technical feasibility and demand. The High Court's order was stayed by the Supreme Court, and it was found that the absence of reasons rendered the judgment unsustainable.Issue 2: Lack of reasons in High Court judgmentThe High Court's failure to provide reasons for its decision was highlighted as a fundamental flaw in the judgment. The Supreme Court emphasized the importance of giving reasons in administrative orders, citing precedents that reasons are essential for good administration and denial of justice. The lack of reasons in the High Court's judgment made it impossible for proper judicial review and affected the appellant's right to know why the decision went against them. The Supreme Court set aside the High Court's order as unsustainable, emphasizing the necessity of reasons in judicial decisions.