Sunday 5 February 2012

Judicial review Of Administrative Decision.

Union of India v. J.D. Suryavanshi , C.A. No. 7658 of 2011; Decided on 5-9-2011 (SC)
Railway administration is a specialized field. It has to cater to the needs of the entire country. It is for the Railway administration to decide where, how and when trains or coaches should be added or the timings should be changed. The High Courts cannot decide by giving directions to the Railways to provide additional trains, additional coaches and change timings wherever they feel that there is a shortage of trains or need for better timings. The Supreme Court has repeatedly warned that courts should resist the temptation to unsurp the power of the Executive by entering into arenas which are exclusively within the domain of the Executive. How many coaches should be attached, what types of coaches are to be attached, on what lines what trains should run, what should be their timings and frequency, are all matters to be decided by the Railway administration using technical outputs, depending upon financial, administrative, social and other considerations.

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