Excelsior Correspondent
JAMMU, Feb 17: High Court today dismissed a petition seeking various directions to Shri Mata Vaishno Devi Shrine Board with the observation that Board not being an instrumentality of the State is not amenable to the writ jurisdiction of the court.
The petition was filed by one Vikas Dhawan seeking direction to Shri Mata Vaishno Devi Shrine Board to permit and ensure the use of only 100% Herbal Kumkum/Sindoor made of traditional and safe ingredients for applying Tilak on the forehead of devotees and also seeking permission to sell Pooja Samagri containing 100% Herbal Kumkum/Sindoor made of traditional and safe ingredients in all relevant shops as an essential part of the Bhaint items offered to Mata Vaishno Dev Ji.
After hearing petitioner in person whereas Senior Advocate DC Raina with Advocate Anil Verma appearing for the SMVDSB, Justice Bansi Lal Bhat observed, “from the averments made in the petition it is manifestly clear that the relief is sought against Shri Mata Vaishno Devi Shrine Board”.
“Inclusion of State and Commissioner/Secretary Health Department as respondent is an unnecessary surplus age in the petition as such maintainability of the petition would be the sole issue to be dealt with”, Justice Bhat said, adding “Shri Mata Vaishno Devi Shrine Board has been constituted under a statute and in absence of any control of the Government it cannot be said to be “State” or an “authority” within the meaning of Article 12 of the Constitution of India”.
“The dictum of law is loud and clear that Shri Mata Vaishno Devi Shrine Board, not being an instrumentality of the State, is not amenable to the writ jurisdiction of this Court. That being so, the instant writ petition is held to be not maintainable”, High Court said and dismissed the petition.
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