Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Administrative Law - Policy Decision |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Administrative Law - Policy Decision -. Withdrawal ofsubsidy – Government of India decided not to make the payment of subsidy to the bulk consumers of diesel - Validity of - Writapplications filed in Kerala and other States claiming decision ofthe Government of India was arbitrary and that it would makedifficult for the State Road Transport Corporations to render. itsservices to the public at large - It was also contended that it wasobligatory on the part of the Respondents/Government of India to provide maximum concession/subsidy/benevolence in the matter ofsale of diesel to the Transport Corporations - Held: The grant ofsubsidy is a matter of privilege, to be extended by the Government -It cannot be claimed as of right - No writ lies for extending orcontinuing the benefit of privilege in the form of concession - Subsidy is a matter logical policy - Such privilege can be withdrawnat any time - It was open to the Government of India to take decisionto withdraw the subsidy enjoyed by the hulk consumers - Further.even for the purpose of public services, Transport corporationscannot claim subsidy as of right that Government of India or theState Government should continue or grant the subsidy - It cannot be claimed as a matter of right; no such right exists to claim thesubsidy - Thus. the decision of Government of India not to extendsubsidy to bulk consumers of diesel could not be said to be anarbitrary-decision, ·discriminatory or in violation of the principlescontained in Art.14 of the Constitution - Such policy decision not amenable to judicial review - Court cannot interfere in suchmatter - Rights and Privileges. |
Judge | N/A |
Neutral Citation | 2017 INSC 1086 |
Petitioner | Indian Oil Corporation Limited & Anr. |
Respondent | Kerala State Road Transport Corpgration & Ors. |
SCR | [2017] 14 S.C.R. 507 |
Judgement Date | 2017-11-07 |
Case Number | 18917 |
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