Statute – Power of the courts/judicial authorities to mould relief – While holding that the general approach is that the claimant who succeeds in establishing the unlawfulness of administrative action is entitled to grant of remedial order, the general proposition does not undermine the discretion which the courts or judicial authorities have in assessing “what is fair and just to do in the particular case – to withhold the remedy altogether or to mould the remedy by grant of a declaration rather than a more coercive quashing, prohibiting or mandatory order or injunction which may have been sought.” De Smith's Judicial review, Eigth Edition (2018), at page 1006 – Relief may be granted in respect of one aspect and not others – The general approach, therefore, is that a complainant who succeeds in establishing unlawfulness of an action is entitled to a remedial order, but the court has discretion in the sense of determining what is fair and just to do in a particular case. Beg Raj Singh v. State of U.P. and Others, (2003) 1 SCC 726, referred.
read HERE 2022 SCeJ 0200
