- (1.) Annexure-5 is a policy decision of the Government issued in the name of the Governor. Annexure-4, the impugned policy decision, is also issued in the name of the Governor and has also been directed to be gazetted like Annexure-5. Annexure-4 carves out a small exception in the larger policy given out in Annexure-5. The reasons for carving out this small exception from the larger policy is also mentioned in Annexure-4, namely that the supply of water to public is essential, the central Government grant for the same will lapse unless the exception is carved out, as the procedure provided in Annexure-5 is time consuming.
(2.) A revision of a policy decision by the Government can be challenged by an individual citizen only on the following grounds: (i) that it is barred by the principle of promissory estoppel, which is not the case here as the petitioner has not acted to his detriment relying upon Annexure-5. (ii) the change in policy can also be resisted or challenged on the ground that the new policy is so arbitrary and unreasonable as to warrant interference by the Court within the limited sphere permissible for interference in policy decisions under Article 226 of the Constitution of India. There does not appear to be any such arbitrariness involved in Annexure 4. The exception carved out from the original policy (Annexure 5) is well supported by reasons which apparently are in public interest also.
(3.) There is no force in the writ petition and accordingly it is dismissed.;