HP High Court stays shifting of Backward Classes Commission office from Shimla to Dharamshala
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Shimla, Jan 9,
The Himachal Pradesh High Court on Thursday stayed the State Government’s decision to shift the office of the H.P. State Commission for Backward Classes from Shimla to Dharamshala, raising questions over administrative rationale, financial prudence, and the stated objective of decongesting the state capital.
A Division Bench comprising Chief Justice G.S. Sandhawalia and Justice Jiya Lal Bhardwaj passed the interim order while hearing a public interest litigation filed by Ram Lal Sharma, who has challenged the decision dated January 7, 2026, to relocate the Commission’s headquarters.
Recording the submissions, the Court noted that the Chairman of the Commission was appointed only on December 3, 2025 and “belongs to Kangra,” while the members were appointed later on December 23, 2025. The proposal to shift the office, the Bench observed, followed immediately thereafter on December 24, 2025.
The petitioner argued that the move lacked administrative justification, especially considering the limited manpower of the Commission. As per the record placed before the Court, only 11 posts are filled, out of which six are Class-IV employees. The Court took note of this aspect, observing that such a small staff strength undermines the stated purpose behind shifting offices for decongestion.
The Bench further recorded that the existing office accommodation at Shimla has been secured on a long-term lease of 99 years, for which a sum of ₹22.54 lakh has already been paid. Importantly, the order notes that the present premises “do not incur recurring rental expenditure,” while no clarity was provided by the State on the availability or nature of accommodation at Dharamshala.
The Court also relied upon its earlier observations made in an order dated December 30, 2025, in another public interest litigation, wherein it had cautioned that when the number of employees is “minuscule,” the purpose of decongestion would stand frustrated rather than achieved.
Issuing notice to the State and private respondents, the Bench ordered that “in the meantime, the abovesaid shifting shall remain stayed,” and listed the matter for further hearing on April 8, 2026.
Noteworthy, that over the past few years, the Himachal Pradesh government has pursued a policy of shifting offices and institutions out of Shimla, citing congestion, rising costs, and the need for regional balance. However, several such decisions have come under judicial scrutiny, particularly where courts have questioned whether the moves are supported by adequate infrastructure planning, financial justification, and tangible public interest. The present case adds to that line of challenges, with the High Court signalling that symbolic relocation without administrative necessity may not pass legal muster.
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