Nationalization of school it is the policy decision of the Government- The Constitution does not permit the High Court Division to direct or advise the executive in the matter of policy or to sermonize any matter which under the Constitution lies within the sphere of the executive provided the authorities do not transgress their constitutional limit or statutory power. The scope of judicial enquiry is confined to the question whether the decision taken by the Government is against any statutory provisions or is violative of the fundamental rights of the citizen or is opposed to the provisions of the Constitution.
It can not interfere the correctness of the reason which prompted the Government to nationalize Raypur Merchants Academy instead of Raypur L.M. Pilot Model High School. It is not a matter of concern of judicial review and the Court is not the appropriate forum for such investigation. The policy decision must be left to the Government as it alone can adopt which policy should be adopted after consideration of all the points from different angles. In assessing the propriety of a decision of the Government the High Court Division cannot interfere even if a second view is possible from that of the Government. The Court has to consider whether a decision making authority exceeded its powers, committed an error of law, violated rules of natural justice, reached a decision which no reasonable man would have reached or otherwise abused its power.
We do not find any error in the impugned administrative decision for which it can be said that the executive authority exceeded its' power or committed an error of law or violated the principles of natural justice and, thus, the judgment of the High Court Division does not call for any interference. ... Raypur L.M. Pilot Model High School -VS- Ministry of Education, [6 LM (AD) 269]
