Accordingly this is a case in which the Ministers decision to deny PSM

Accordingly this is a case in which the ministers

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departmental policy. Accordingly, this is a case in which the Minister’s decision to deny PSM registration at the national level may be upheld. And I would do so. [30] There is a final point. I have repeatedly said throughout this judgment that what was refused by the Minister and the ROS was registration at the national level. The ROS granted PSM registration in the State of Selangor. As advised by counsel on both sides, this does not prevent PSM from contesting in national elections. Neither is PSM prevented from seeking registration at the national level if it is able to meet the ROS’ requirement. So, even if the ROS and the Minister were wrong in refusing PSM national level registration (and I hasten to add that they were not), no injustice has been occasioned. This underpins the nature of judicial review. It is not enough that a decision of a public decision maker is not in accordance with law. The error must be one that has caused an applicant for judicial review some harm or injustice in a broad and general sense. Hence, in Banwari Nathoo v. State of Uttar Pradesh AIR [1975] All 199 Gulati, J said: That apart, it is also well settled that the writ jurisdiction of this court under Article 226 of the Constitution cannot be invoked merely by showing that an order is wrong. It must further be shown that it has resulted in miscarriage of justice (see Pooran Singh v. Additional Commissioner, Agra, (AIR [1957] All 276). If the impugned order in the instant case is set aside, it will amount to the restoration of the allotment order in favour of the petitioner which, in my opinion, was clearly wrong. [31] In Ngu Toh Tung v. Superintendent of Lands and Survey, Kuching Division [2006] 1 CLJ 30, this court was faced with a case where there had been a breach of statutory provision by the respondent in that case. In refusing judicial review this court said: The appellants are quite correct in their submission that the first respondent’s award is contrary to s. 60(1)(a) of the Code. But an infringement of the law per se is insufficient unless it visits or is likely to visit a substantial injustice upon the appellants. If it does not, then the court is entitled to refuse certiorari . And this brings into sharp focus an aspect of public law remedies that is often overlooked. No doubt, the public law remedy of certiorari appears in the vast majority of cases to have been granted as of right once an infringement of the law was demonstrated. So, one tends to assume that it is a remedy of right. But it is not. If you look carefully enough at those cases where the remedy was granted, you will find that they concerned applicants who had
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40 [2007] 1 CLJ A B C D E F G H I Current Law Journal suffered or were likely to suffer a substantial injustice in consequence of a breach of law. In my considered judgment the correct approach to public law remedies is that stated by Bose J in Sangram Singh v. Election Tribunal AIR [1955] SC 425 at p 429: That, however, is not to say that the jurisdiction will be exercised whenever there is an error of law. The High Courts do not, and should not, act as courts of appeal under Art 226. Their powers are purely discretionary and
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