Supreme Court Allows Shifting Of Himachal Pradesh Backward Classes Commission From Shimla To Dharamshala

Setting aside the stay imposed by the HP High Court, the Supreme Court today allowed the Himachal Government to continue with its decision to shift the HP Commission for Backwards Classes to Dharamshala, Kangra. 

The bench of CJI Surya Kant and Justices Joymalya Bagchi and NV Anjaria was hearing the State Government's challenge to the Himachal Pradesh High Court's order, which stayed the State Government's decision to shift the office of the H.P. State Commission for Backwards Classes from Shimla to Dharamshala. 

The High Court bench of Chief Justice G.S. Sandhawalia and Justice Jiya Lal Bhardwaj, while hearing a public interest litigation, passed an interim order. The bench observed that the decision required closer examination in light of administrative and financial implications.

Sr Advocate Madhavi Divan appeared for the state of Himachal Pradesh, and submitted that the decision to shift the commission was due to logistics, considering that Dharmashala has a larger complex to offer and also houses other important commissions. 

She added that demographically, a large number of the backward class communities are based in Kangra District (closer to Dharamshala). The counsel also clarified that the Shimla complex will be treated like a camp office where some hearings will be held; however, there should not be a blanket stay.

The counsel for the respondents informed the bench that the plea before the High Court challenging the shifting decision was filed by an ex-member of the Commission. 

Objecting to the interference in the State's policy decision, the CJI remarked: "Who are you then to dictate to an elected government that where should be the office? it is their prerogative , if you have any problem, in the next selection, oppose them on that ground. How should this issue become justiciable?"

The Counsel claimed that the relocation of the commission is being done only at the behest of the convenience of the new Chairman of the Commission, else the Commission has been functioning in Shimla since 1996. 

The CJI remarked that the decision to shift the commission closer to the region having an increased number of Backwards Classes only adds to the cause of justice delivery. 

The bench proceeded to allow the appeal by the State Government, granting liberty to continue with the shifting decision, conditional upon the outcome of the pending case before the High Court. 

"Prima facie, it seems to us that shifting of the headquarters of an Institute is a policy matter where there is the least scope of justiciability. Save and except when such shifting directly affects the constitutional or civil rights of the public at large."

"It is difficult to form a certain opinion at this stage when the state government has not filed its counter affidavit, as the matter is pending before the High Court; we do not deem it appropriate to make further observations factually or on the merits of the case."

"However, there seems to be enough justification at this stage to restrain the state commission ....we allow the appeal; set aside the impugned order. The appellant State is at liberty to shift the office of the Commission to Dharamshala or any other suitable place subject to final outcome of the pending proceedings." 

Case Details : STATE OF H P vs. RAM LAL SHARMA| SLP(C) No. 005202 - / 2026