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MUMBAI: The Bombay high court on Friday expressed its displeasure on the absolute discretion given to the chief minister to dispose of property belonging to the state under the discretionary quota. "Can there be a discretion conferred on anybody to dispose of the state's property? If at all there has to be fairness and transparency, then can there be a discretion vesting in the CM?" These questions were posed by a division bench of Justice Abhay Oka and Justice M S Sonak while reviewing the November 30, 2011, government resolution , which unveiled the new CM quota policy. The HC in February 2011 had stayed all allotments and directed the government to formulate objective norms and procedures. The judges on Friday heard a clutch of petitions—by persons who were on the waiting list—for a direction to the state to review and cancel out-of-turn allotments. Some also challenged the 2011 GR. Government pleader Sandeep Shinde said the state intends to amend the scheme and incorporate changes. But Justice Oka said, "We are testing the GR as it stands." The judges then explained that while 50% is for service quarters and the remaining for other categories, the CM has discretion in case of dire need to allot to persons who do not come under any category. They posed how "dire need" or a special case is decided. |
