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Don’t meddle in schools' or hospitals' mess: SC to judiciary

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Agencies

Posted: Dec 10, 2007 at 0000 hrs IST

New Delhi, December 10: The Supreme Court has cautioned the judiciary against encroaching on the legislative or executive domain like passing directions on nursery school admissions or improving conditions of hospitals, lest it led to chaos.

"Courts cannot create rights where none exists, nor can they go on making orders which are incapable of enforcement or violative of other laws of settled legal principles," the apex court said.

"They must remember that judicial activism is not an unguided missile, failure to bear this in mind would lead to chaos. Public adulation must not sway the judges and personal aggrandizement must be eschewed," a bench of Justices A K Mathur and Markandey Katju observed.

The bench passed the observations while quashing an order passed by a court in Haryana, which had directed the Government to create posts of tractor drivers to regularise the services of certain malis (gardeners).

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