R.Priyadarshini v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.17949 of 2024 1.R.Priyadarshini W/o.A.Sathiyaraj 2.A.Sathiyaraj S/o.Achudhan ... Petitioners Vs.
1.The Union of India represented by its Secretary, Ministry of Social and Empowerment, Room No.202, 2nd Floor C-Wing, Shastri Bhawan, New Delhi - 110 001.
2.Dr.Ambedkar Foundation represented by its Director, Ministry of Social Justice & Empowerment, Wing No.-7, West Block-1, Ground Floor, RK Puram, New Delhi - 110 066.
3.The Joint-Secretary, Adi-Dravidar and Tribal Welfare Department (ADW6), Secretariat, Chennai - 600 009.
4.The District Collector, Kancheepuram District.
... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus calling for the second respondent's impugned order dated 19.02.2024 vide EO.No.82611 and quash the same as non-application of mind and devoid of merits, consequently, direct the second respondent to sanction financial incentive of Rs.2,50,000/- to the petitioners under the "Dr.Ambedkar Scheme for social integration through Inter-caste marriages" within stipulated time. For Petitioners : Mr.M.Sridhar For Respondents : Mr.LSM.Hasan Fizal Additional Government Pleader [R3 & R4]
O R D E R
This writ petition has been filed seeking quashment of the order of the second respondent in respect of the order dated 19.02.2024 bearing E.O.No.82611 and to consequently, direct the second respondent to sanction financial incentive of Rs.2,50,000/- to the petitioners under the "Dr.Ambedkar Scheme for Social Integration through Inter-caste marriages".
2. The case of the petitioners is that the first petitioner belongs to Hindu Adidravidar Community and she got married to the second petitioner who belonged to Hindu Viswakarma Community. The marriage was solemnized on 29.05.2017 and was duly registered at the office of the Joint-1 Sub Registrar, Chengalpattu vide Serial No.72/2017. Out of the wedlock, a female child was born.
3. The learned counsel appearing for the petitioners submitted that the Government has implemented a scheme namely, Dr.Ambedkar Scheme for Social Integration through Inter-caste marriages" and a sum of Rs.2,50,000/- is being given as financial incentive for the inter-caste marriages, for which, the couple has to submit an application within a period of one year from the date of their marriage. Accordingly, the petitioners applied to the said scheme on 21.03.2018 and the same was received by the third respondent, who in turn instructed the fourth respondent to examine and forward to the second respondent on 08.05.2018 itself. The second respondent has asked for certain documents which were
furnished by the petitioners. Thereafter nothing moved. The first petitioner sought for status of her application through Right to Information twice, for which, a reply was given that the application is not traceable. After having waited for five years, knocking at the doors of the second respondent for the financial assistance under the scheme, the petitioners have approached this Court.
4. The learned Additional Government Pleader appearing for the respondents 3 and 4 submitted that the date of application and the subsequent forward of the proposal is to be within a period of one year from the date of the marriage whereas, in the present case, the proposal was forwarded after one year from the date of marriage and hence, the same was not considered.
5. I have considered the said submissions made by the learned counsel appearing for both sides and perused the materials placed before this Court.
6. Admittedly the petitioners have submitted the application on 21.03.2018 which is within one year from the date of their marriage and that apart, the third respondent vide letter dated 03.04.2018 instructed the fourth respondent to examine and forward the application to the second respondent on 08.05.2018 itself. Having received the application from the fourth respondent, the second respondent by their letter dated 13.06.2024 requested the petitioners to provide further documents. This shows that the proposal was forwarded on 08.05.2018 itself. However due to procedural enquiry at the office of the second respondent, the matter got delayed, for which, the petitioners cannot be responsible. Accordingly, the impugned order dated 19.02.2024 rejecting the application of the petitioners is set aside and the second respondent is directed to sanction financial incentive of Rs.2,50,000/- to the petitioners under the "Dr.Ambedkar Scheme for Social Integration through Inter-caste marriages" within a period of two weeks from the date of receipt of a copy of this order.
7. With the above observations and directions, this Writ Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.
25.10.2024 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji
To 1.The Secretary, Union of India Ministry of Social and Empowerment, Room No.202, 2nd Floor C-Wing, Shastri Bhawan, New Delhi - 110 001.
2.The Director, Dr.Ambedkar Foundation Ministry of Social Justice & Empowerment, Wing No.-7, West Block-1, Ground Floor, RK Puram, New Delhi - 110 066.
3.The Joint-Secretary, Adi-Dravidar and Tribal Welfare Department (ADW6), Secretariat, Chennai - 600 009.
4.The District Collector, Kancheepuram District.
M.DHANDAPANI,J.
vji and W.M.P.No.17949 of 2024 25.10.2024
M.DHANDAPANI, J.
This writ petition is listed under the caption for being mentioned at the instance of the Registry.
2.
Erroneously W.M.P.No.17949 of 2024 in W.P.No.16387 of 2024 has been closed, for which this matter is listed.
3. Considering the nature of relief, paragraph No.7 of the order dated 25.10.2024, the sentence 'consequently, connected miscellaneous petition is closed' shall stand replaced with 'W.M.P.No.17949 of 2024 is ordered on payment of single Court fee'.
4. Registry is directed to issue fresh order copy.
04.04.2025 vji