TMI Blog1980 (3) TMI 268X X X X Extracts X X X X X X X X Extracts X X X X ..... f this litigation. 2. Way back in 1971, pursuant to a policy statement of 1964, a select list was made in which the third respondent found the third place and the petitioner was left out. The first and second positions in the 1971 selection went in favour of one Col, R.C. Datta and Acting Col. Dahiya. They had their turn as Directors of the Military Farms and when Col. Dahiya retired on 31st July, 1979 the post fell vacant and an appointment had to be made. Meanwhile, a writ petition under Article 226 was moved before the High Court of Jammu Kashmir to interdict the Central Government from proceeding to make any fresh selection in departure from the selection list of 1971 overlooking the claim of the third respondent before us. His con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... India. 4. The policy statement of 1964 was, as we have earlier stated, not issued under any rules or regulations or statute. The executive power of the Union of India, when it is not trammelled by any statute or rule, is wide and pursuant to its power it can make executive policy. Indeed, in the strategic and sensitive area of defence, Courts should be cautious although Courts are not powerless. The Union of India having framed a policy relieved itself of the charge of acting capriciously or arbitrarily or in response to any ulterior considerations so long as it pursued a consistent policy. Probably, the principle of equality which interdicts arbitrariness promoted the Central Government to formulate its policy in 1964. A policy once for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de should be done fairly and made known to those concerned. So, we make it clear that while the Central Government is beyond the forbiddance of the Court from making or changing its policy in regard to the Directorate of Military Farms or in the choice or promotion of Brigadiers, it has to act fairly as every administrative act must be done. 5. The learned Attorney-General made it clear that the Union of India is willing to abide by the above directions of this Court and quickly consider the need, if any, for a new policy, and if it considers that there is such need, to frame it quickly. Of course, DOW that there are contestants and rival points of view, it may not be improper for the Central Government to take into consideration any leg ..... X X X X Extracts X X X X X X X X Extracts X X X X
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