May 13, 2013

SC quotes Lord denning : If local authority does not fulfil the law , this court will see that it does.

Justice Lord Denning 

"A passage from the judgement of Lord Denning in Bradbury and Ors. Vs. London Borough of Enfiled, 1967 (3) All England Law reports Page 434, was also pressed into service by Mr. P.P. Rao, which it is worth - while to quote hereunder:-

                   "It has been suggested by the Chief education officer that, if an injunction is granted, chaos will supervene. All the arrangement have been made for the next terms, the teachers appointed to the new comprehensive schools, the pupils allotted their places, and so forth.  It would be next to impossible, he says, to reverse all these arrangements without complete chaos and damages to teachers, pupils and the public.  I must say this: if a local authority does not fulfil the requirements of the law, this coaurt will see that it does fulfil them.  It will not listen readily to suggestions of "chaos".  The department of education and the council are subject to the rule of law and must comply with, just like everyone else.  Even if chaos should result, still the law must be obeyed; but I do not think that chaos will result.  The evidence convinces me that the "chaos" is much over-stand". (Vide State Govt. Vs. Karnataka 2000 (8) Scale 281).