The court clarified that every application forwarded under the relevant government scheme must be considered afresh by the Empowered Committee, strictly within the parameters of the governing policy and within a specified time frame. This judgment follows and applies the ratio of a binding earlier judgment, reaffirming settled law and ensuring time-bound adjudication at the individual level in the context of government benefit schemes. Lawyers and affected companies can rely on this as binding authority for requiring a reasoned, policy-compliant adjudication of their claims.
Summary
| Category | Data |
|---|---|
| Case Name | CWP/16197/2025 of TARA SOLAR ENERGY Vs UOI AND OTHERS |
| CNR | HPHC010622242025 |
| Date of Registration | 13-10-2025 |
| Decision Date | 15-10-2025 |
| Disposal Nature | Disposed Off |
| Judgment Author | HON’BLE THE CHIEF JUSTICE GURMEET SINGH SANDHAWALIA |
| Concurring or Dissenting Judges | HON’BLE MR. JUSTICE JIYA LAL BHARDWAJ (concurring) |
| Court | High Court of Himachal Pradesh |
| Bench | HON’BLE THE CHIEF JUSTICE GURMEET SINGH SANDHAWALIA, HON’BLE MR. JUSTICE JIYA LAL BHARDWAJ |
| Precedent Value | Binding precedent in the State of Himachal Pradesh; follows previously reported judgment in LPA No.169 of 2025 |
| Overrules / Affirms | Affirms Single Judge and Division Bench decisions in LPA No.169 of 2025 |
| Type of Law | Administrative Law / Public Law – Government Policy/Scheme Implementation |
| Questions of Law | Whether applications forwarded under a government scheme must be considered individually and within the parameters of the scheme’s policy by the Empowered Committee, and whether this consideration must happen within a stipulated time frame. |
| Ratio Decidendi | The court held that all individual applications forwarded during the currency of the scheme must be considered by the Empowered Committee per the policy terms. The court affirmed that decision-making must occur as per the parameters of the notification and policy dated 23.04.2018. The Direction is time-bound; the Empowered Committee must complete consideration within four months. If an application is rejected, the applicant retains the right to pursue further remedies. |
| Judgments Relied Upon | Division Bench judgment in LPA No.169 of 2025, Union of India and another Vs. Atul Sharma and others; Single Judge decision in connected matters referenced in the Division Bench judgment. |
| Logic / Jurisprudence / Authorities Relied Upon by the Court | Reasoning of the Single Judge and Division Bench in LPA No.169 of 2025, including mandatory consideration of forwarded applications under the scheme, necessity to adhere to policy terms, and rights of applicants to challenge adverse decisions. |
| Facts as Summarised by the Court | Advocates for both parties agreed that the present issue was governed by Division Bench judgment in LPA No.169 of 2025. The State had previously admitted that applications were forwarded during the currency of the scheme, obligating the Empowered Committee to consider them as per the scheme’s policy. Both the procedure for consideration and the rights of applicants to challenge were determined in previous, binding precedent. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts and authorities within the jurisdiction of the Himachal Pradesh High Court; the Empowered Committee administering the scheme |
| Persuasive For | High Courts in other States and similar Empowered Committees in other jurisdictions when faced with analogous government scheme disputes |
| Follows | Follows and applies the judgment in LPA No.169 of 2025 (Union of India and another Vs. Atul Sharma and others); also aligns with the reasoning of the Single Judge judgment cited by the Division Bench |
What’s New / What Lawyers Should Note
- Reiterates and enforces the requirement for time-bound, individual consideration of all applications forwarded under the government scheme by the Empowered Committee.
- Clarifies that such consideration must occur strictly within the parameters of the governing policy as it existed at the relevant time.
- Mandates the Empowered Committee to decide all pending cases within four months, providing a clear time limit for administrative action.
- Applicants whose applications are rejected retain the right to seek appropriate remedies under law.
- Lawyers representing applicants can now secure direction for time-bound disposal and insist on adherence to scheme parameters.
- This judgment can be cited to prevent arbitrary or delayed administrative decision-making in similar government-benefit schemes.
Summary of Legal Reasoning
- The Court noted consensus among counsel that the legal issue in this writ petition was squarely covered by the Division Bench judgment in LPA No.169 of 2025.
- Previously, it was found that applications had been forwarded to the Empowered Committee during the scheme’s currency; thus, applicants were entitled to consideration per the scheme’s policy (notification dated 23.04.2018).
- The Union of India’s counsel admitted that individual cases had to be decided on their merits as per the above policy.
- The Division Bench, in the earlier LPA, upheld the Single Judge’s finding that once cases were forwarded by the State/authorities to the Empowered Committee, they must be decided strictly according to the policy and within a time frame.
- Accordingly, the present writ petition was disposed of on the same terms, ensuring each application is given due consideration and applicants retain the right to challenge adverse decisions.
Arguments by the Parties
Petitioner
Issue in the present writ is covered by the Division Bench judgment in LPA No.169 of 2025.
Respondent
Conceded that the principle from LPA No.169 of 2025 applies to this case, namely that all cases forwarded to the Empowered Committee must be considered individually as per policy.
Factual Background
The petitioner, Tara Solar Energy, initiated a writ petition seeking adjudication of its claim under a specific government scheme/policy. During proceedings, parties agreed that the question at issue was governed by the recent Division Bench judgment in LPA No.169 of 2025, wherein it was established that applications forwarded during the currency of the relevant scheme must be considered by the Empowered Committee within the policy parameters and a stipulated time frame.
Statutory Analysis
- The judgment references the terms of the government policy/notification dated 23.04.2018 governing the relevant scheme.
- It affirms that the Empowered Committee is legally bound to evaluate individual applications per the provisions and parameters set out in the scheme notification/policy.
- No other statutory provisions or constitutional articles were analyzed in detail.
Dissenting / Concurring Opinion Summary
No dissenting opinions; both judges concurred in the reasoning and outcome.
Procedural Innovations
- The judgment imposes a clear procedural requirement for the Empowered Committee: all applications must be decided within four months from the date of the order.
- Applicants are expressly permitted to seek legal remedies if aggrieved by a rejection, reinforcing procedural fairness and access to judicial review.
Alert Indicators
- ✔ Precedent Followed – The judgment expressly applies and enforces earlier binding precedent, ensuring consistency in administrative practice.