Bhika Ram vs. State of Rajasthan
Background
The Rajasthan government notified the creation of new Revenue Villages, including two named "Amargarh" and "Sagatsar," carved out of a village in Barmer district. A 2009 state circular required that new revenue village names not be based on any individual's name, religion, caste, or sub-caste. Villagers challenged the notification, pointing out that "Amargarh" and "Sagatsar" were in fact derived from the names of two individuals (Amarram and Sagat Singh) who had donated land for the new villages. A Single Judge of the Rajasthan High Court agreed and quashed the notification for these two villages, but a Division Bench, on appeal by other affected respondents, reversed this and restored the notification, reasoning that the precedents relied upon by the Single Judge did not apply since the naming process was already complete. The original petitioners appealed to the Supreme Court.
Decision Breakdown
The Supreme Court held that the 2009 circular, though an executive policy rather than a statute, was binding on the government since it embodied an important object, maintaining communal harmony by preventing villages from being named after individuals, castes, or religions. It was undisputed that "Amargarh" and "Sagatsar" were indeed named after specific individuals, in direct violation of Clause 4 of the circular. The government cannot act contrary to its own binding policy without lawfully amending or withdrawing it, and the Division Bench had erred by focusing only on precedent applicability rather than this core violation. The Court quashed the Division Bench's judgment and restored the Single Judge's order invalidating the notification for these two villages.
Lesson Learnt
A government policy or circular, even though not a statute, legally binds the government's own actions: an official notification that violates the government's own stated policy (here, a rule against naming villages after individuals) can be struck down as arbitrary and unconstitutional unless the policy itself is first validly changed.