S.Nagamanickam v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.02.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Nagamanickam .. Petitioner Vs 1 The Union of India rep by its Secretary Ministry of Professional Public Grievances and Pension Department of Personnel and Training North Block, Central Secretariat New Delhi - 110 001.
2 The Union of India rep by its Secretary Ministry of Social Justice and Empowerment Room No.202 2nd Floor C Wing Shastri Bhawan New Delhi-110 001.
3 The Union of India rep by its Secretary Ministry of Women and Child Development Shastri Bhawan New Delhi-110 001.
4 The Union of India rep by its Secretary, Ministry of Railways Rail Bhavan Rafi Marg New Delhi-110 001.
5 The Union of India rep by its Secretary Ministry of Labour and Employment Shram Shakti Bhavan Rafi Marg New Delhi-110 001.
6 All India Institute of Medical Sciences rep by its Director, Saket Nagar Bhoopal, Madhya Pradesh.
7 All India Institute of Medical Sciences rep by its Director, Ansari Nagar New Delhi - 110 029.
8 State Bank of India rep by its Chairman cum Managing Director State Bank Bhavan, MC Road Nariman Point Mumbai-400 021.
9 Institute of Banking Personnel Selection rep by its Director, IBPS House 99 feet DP Road Near Thakur Polytechnic Off. Western Express Highway PB NO.8587 Kandivali Mumbai - 400 101.
10 Life insurance Corporation of India rep by its Chairman, PB No.19953 5th Floor West Wing Yogakshema Jeevan Bhima Marg Nariman Point Mumbai.
11 United India Insurance Company Ltd rep by its Chairman cum Managing Director No.24 Whites Rd Chennai-14.
12 National Institute of Unani Medicine rep by its Director Kottigepalaya Magadi Main Road, Bangalore Karnataka- 560 091.
13 School of Planning and Architecture
rep by its Director, 4 Block-B IndraPrastha Estate New Delhi - 110 002.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to formulate a uniform nation wide policy to be made applicable to all Government Departments, Government Organizations, Government Institutions, Public Sector Undertakings, Government aided/ funded and semi - government institutions to collect uniform Application Fees from the male candidates of OBC/General Category candidates during recruitment and exempt candidates belonging to Scheduled Castes, Scheduled Tribes, Women and people with disabilities from payment of any such fees and strictly implement the policy. For the Petitioner : Mr.Rohini Ravikumar For the Respondents : Mr.B.Sudhir Kumar, SCGSC for respondents 1 to 3 and 5 : Mr.C.Mohan for M/s.King and Patridge for 8th respondent : Mr.S.Shushanth for M/s.T.S.Gopalan and Co.
for 9th respondent : Mr.Nageswaran for 11th respondent : Mr.C.K.Chandrasekaran for 10th respondent
: Ms.Y.Kavitha for M/s.Giridhar and Sai for 12th respondent : Not ready notice for respondents 4, 6, 7 and 13
ORDER
(Order of the court was made by the Hon'ble Chief Justice) Heard Mr.Rohini Ravikumar, learned counsel for the petitioner; Mr.B.Sudhir Kumar, learned Senior Central Government Standing Counsel for respondents 1 to 3 and 5; Mr.C.Mohan, learned counsel appearing on behalf of M/s.King and Patridge, for the eighth respondent; Mr.S.Shushanth, learned counsel appearing on behalf of M/s.T.S.Gopalan and Co. for the ninth respondent; Mr.C.K.Chandrasekaran, learned counsel for the tenth respondent; Mr.Nageswaran, learned counsel for the eleventh respondent; and Ms.Y.Kavitha, learned counsel appearing on behalf of M/s.Giridhar and Sai, for the twelfth respondent.
2. Learned counsel for the petitioner submits that the respondents have failed to formulate a uniform nation wide policy to
be made applicable to all Government Departments, Government Organizations, Government Institutions, Public Sector Undertakings and other institutions to collect uniform application fees from the male candidates of OBC/General Category candidates during recruitment and exempt the candidates belonging to Scheduled Castes, Scheduled Tribes, Women and people with disabilities from payment of any such fees.
3. Learned counsel for the petitioner submits that in an advertisement issued by the railways, it is shown that the entire examination fees is refundable.
4. A distinction will have to be made amongst the autonomous bodies and government bodies. There is no such material on record to accept the contention of learned counsel for the petitioner. It appears that the petitioner has not even given a representation to the authority concerned.
5. It is open for the petitioner to give a representation to the
authority concerned. In case the representation is not considered by the authorities, then the petitioner may take steps. The writ petition is disposed of accordingly. There shall be no order as to costs.
(S.V.G., CJ.) (D.B.C., J.) 16.02.2024 Index :
Yes/No Yes/No sasi To 1 The Secretary Union of India Ministry of Professional Public Grievances and Pension Department of Personnel and Training North Block, Central Secretariat New Delhi - 110 001.
2 The Secretary Union of India Ministry of Social Justice and Empowerment Room No.202 2nd Floor C Wing Shastri Bhawan New Delhi-110 001.
3 The Secretary Union of India Ministry of Women and Child Development Shastri Bhawan New Delhi-110 001.
4 The Secretary Union of India Ministry of Railways Rail Bhavan Rafi Marg New Delhi-110 001.
5 The Secretary Union of India Ministry of Labour and Employment Shram Shakti Bhavan Rafi Marg New Delhi-110 001.
6 The Director All India Institute of Medical Sciences Saket Nagar Bhoopal, Madhya Pradesh.
7 The Director All India Institute of Medical Sciences Ansari Nagar New Delhi - 110 029.
8 The Chairman cum Managing Director State Bank of India State Bank Bhavan, MC Road Nariman Point Mumbai-400 021.
9 The Director Institute of Banking Personnel Selection IBPS House 99 feet DP Road Near Thakur Polytechnic Off. Western Express Highway PB NO.8587 Kandivali Mumbai - 400 101.
10 The Chairman Life insurance Corporation of India PB No.19953 5th Floor West Wing Yogakshema Jeevan Bhima Marg Nariman Point Mumbai.
11 The Chairman cum Managing Director United India Insurance Company Ltd No.24 Whites Rd Chennai-14.
12 The Director National Institute of Unani Medicine Kottigepalaya Magadi Main Road, Bangalore Karnataka- 560 091.
13 The Director School of Planning and Architecture 4 Block-B IndraPrastha Estate New Delhi - 110 002.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
(sasi) 16.02.2024