Dr.Ambedkhar Association Of Engineers v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2024

CORAM

THE HONOURABLE Ms.JUSTICE R.N.MANJULA W.P. No.1687 of 2021 Dr.Ambedkhar Association of Engineers Regn.No.SRG/Chennai North/105/2019 Rep. by its President, No.7-A, KL Flats, No.7, Vellalar Street, Mugappair, Chennai - 600 037.

...

Petitioner /vs/

1. The Government of Tamil Nadu, By its Chief Secretary, Fort St. George, Chennai - 600 009.

2. The Secretary to the Government, Personnel and Administrative Reforms Department, Fort St. George, Chennai - 600 009.

3. The Secretary to the Government, Public Works Department, Fort St. George, Chennai - 600 009.

... Respondents

Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents herein to consider the representation dated 13.10.2020 submitted by the petitioner association and to initiate appropriate action.

For Petitioner ... Ms.S.Rajapriya For Respondents ... Mr.Yogesh Kannadasan Special Govt. Pleader

ORDER

The petitioner which is an association has filed this writ petition seeking a writ of mandamus directing the respondents to consider the representation dated 13.10.2020 and initiate appropriate action.

2. The representation dated 13.10.2020 is given to various departments including the Secretary to Government, Adi Dravidar Welfare Department by requesting the authorities concerned to take necessary action for forming a committee under the leadership of a retired or inservice Bureaucrat or retired Judicial Officer to evaluate, determine and quantify the inadequacy of representation of the SC/ST category people in the higher categories of stakeholders to formulate and bring a legislation based upon the report of the committee.

3. Mr.Yogesh Kannadasan, the learned Special Government Pleader, submitted that the petitioner has invoked the jurisdiction of this Court for seeking a policy decision to be taken by the Government and that too without adding the necessary department as a party to the proceedings.

4. The writ petition, at the outset, appears to be not maintainable for the very reason that the prayer is to direct the Government to take a policy decision in respect of the representation of SC/ST people in various categories of employment or otherwise. The petitioner's remedy lies elsewhere and not in the form of filing a writ petition before this Court.

5. In view of the reasons stated above, this Writ Petition is dismissed. No costs.

05.01.2024 Index: Yes / No Speaking order / Non-speaking order bkn

R.N.MANJULA ,J.

bkn To:

1. The Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

2. The Secretary to the Government, Personnel and Administrative Reforms Department, Fort St. George, Chennai - 600 009.

3. The Secretary to the Government, Public Works Department, Fort St. George, Chennai - 600 009.

05.01.2024