TMI Blog2007 (3) TMI 782X X X X Extracts X X X X X X X X Extracts X X X X ..... nts who were the respondents 1 to 4 in the writ petition took the stand that according to the guidelines of the Ministry of Communication one Gramin PCOI (described in the guidelines as Village Public Telephone, in short the 'VPT') already existing in the concerned village and, therefore, the prayer of the writ petitioner could not be accepted in view of the guidelines. The High Court by a cryptic non-reasoned order held that the conditions in the guidelines appear to be arbitrary and hence violative of Article 14 of the Constitution of India, 1950 (in short the Constitution ). Accordingly direction was granted to allot a VPT to the writ petitioner within the stipulated time. 4. Appellants have challenged the order on the groun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. There is no appearance on behalf of the respondent no. 1 who was the writ petitioner. 6. We find that 1994 guidelines have been amended from tie to time and clarifications have been issued subsequently on 8.12.1998 and 9.3.1999. it appears that for installation of VPT, define role assigned to the Gram Panchayat. The guidelines of 8.12.1988 stipulate that the Gram Panchayat will recommend only one VPT in a village and the question of multiple cases does not arise. In case of any dispute, the case is to be discussed with Panchayats and resolves. The recommendations for extension/location are to be given by the Panchayat or the BDO as the case may be. 7. As rightly submitted by learned counsel for the appellants, without indicating ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence, render it virtually impossible for the Courts to perform their appellate function or exercise the power of judicial review in adjudging the validity of the decision. Right to reason is an indispensable part of a sound judicial system, reasons at least sufficient to indicate an application of mind to the matter before Court. Another rationale is that the affected party can know why the decision has gone against him. One of the salutary requirements of natural justice is spelling out reasons for the order made, in other words, a speaking out. the inscrutable face of a sphinx is ordinarily incongruous with a judicial or quasi-judicial performance. 10. The inevitable conclusion is that the impugned order of the High Court is unsustai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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