Whether Court can direct creation of post not provided by the
establishment?
When a State action is challenged, the function of the court is to examine
the action in accordance with law and to determine whether the legislature
or the executive has acted within the powers and functions assigned under
the constitution and if not, the court must strike down the action. While
doing so the court must remain within its self-imposed limits. The court
sits in judgment on the action of a coordinate branch of the Government.
Unfortunately, despite these observations in the above – mentioned
decisions of this Court, some courts are still violating the high
constitutional principle of separation of powers as laid down by
Montesquieu.
