Here is a small mini checklist to let you know when you can challenge any Govt order (or order of any Govt controlled body) in any High Court by filing a writ petition under Art. 226
MINI CHECK LIST OF POINTS
1) The order (or inaction) to be challenged in High Court, must be by a govt body or by a govt controlled body.
Even a private Trust or Private company can have to answer court if they are in public service areas. (BCCI is a private body...And yet some of its orders can be challenged in High Court)
2) The order must have been passed contrary to stated policy or rules.
3) Or the order is not based on any rule or policy
4) Order is such that same category of people are being treated differently,
5) Or order is such that it treats unequal category of people as if they are equal,
6) Or the order is passed in such a way that no prudent and reasonable person can pass such order,
7) Or, order is passed on basis of some material which is not relevant at all.
8) Or, while passing order, some material and relevant documents were not looked into.
Together, or separately, amounts to violation of fundamental right of equality under Art.14
Haresh Raichura
1/7/2015