Saranya .G v. The Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2024
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN G.Saranya
...Petitioner
Vs.
1.The Director, Dr.Ambedkar Foundation, Ministry of Social Justice & Empowerment, Government of India, K.G.Marg, Jeevan Prakash Building, New Delhi-110 001.
2.The District Collector, Collectorate, Theni.
3.The District Collector, Collectorate, Madurai.
4.The Director, Department of Welfare of Schedule Caste, Collectorate, Madurai.
...Respondents
Prayer:
Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records regarding the rejection order of first respondent dated 18.12.2022 and quash the same consequently direct the first respondent to disburse the financial assistance to the petitioner under the Dr.Ambedkar Social Integration Scheme. 1/5
For Petitioner : Mr.M.Ramu For R1 : Mr.M.Karthikeya Venkatachalapathy Senior Panel Counsel for For R2 to R4 : Mr.D.Gandhi Raj Special Government Pleader
O R D E R
This writ petition has been filed challenging the order passed by the first respondent, dated 18.12.2022, thereby, rejected the claim made by the petitioner for financial assistance under the Dr.Ambedkar Social Integration Scheme for their inter caste marriage.
2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.
3. The petitioner belongs to Pallar community and her husband belongs to Padmasaliyar community. They got married as per the Hindu Rituals on 09.06.2016. Their marriage was duly registered vide registration No.77/2016 on the file of the Registrar, Madurai. While being so, the Ministry of Social justice and Empowerment implemented the Scheme under the Dr.Ambedkar Social Integration Scheme. Accordingly, the Financial Assistance will be provided to the tune of Rs.2,50,000/- for the inter caste marriage. In order to apply under the scheme, the eligibility criteria is that 2/5
proposal would be treated as valid if submitted within one year of marriage. However, the request made by the petitioner was rejected on the ground that the application has not been submitted within a period of one year from the marriage, thus, failed to meet the eligibility criteria and rejected the application of the petitioner by the first respondent.
4. The learned counsel for the petitioner would submit that she got married her husband on 09.06.2016 and the same was registered vide registration No.77/2016. Immediately, the petitioner and her husband submitted an application before the fourth respondent on 21.02.2017 itself enclosing all the required documents, however, there was a delay in forwarding the same to the first respondent. Therefore, the delay occurred not on the fault of the petitioner. There was an internal delay between the fourth respondent and the first respondent. Therefore, the delay cannot be fastened on the petitioner. Insofar as the other eligibility criteria is concerned, the petitioner and her husband are entitled for financial assistance under the Dr.Ambedkar Scheme.
5. In view of the above, the order of the first respondent cannot be sustained and it is liable to be quashed. The first respondent is directed to disburse the financial assistance to the tune of Rs.2,50,000/- to the petitioner as 3/5
incentive under the Dr.Ambedkar Social Integration Scheme within a period of four weeks from the date of receipt of a copy of this order.
6. Accordingly, the writ petition is allowed. No costs. Internet : Yes Index : Yes/No 19.12.2024 Speaking/Non Speaking order am To 1.The Director, Dr.Ambedkar Foundation, Ministry of Social Justice & Empowerment, Government of India, K.G.Marg, Jeevan Prakash Building, New Delhi-110 001.
2.The District Collector, Collectorate, Theni.
3.The District Collector, Collectorate, Madurai.
4.The Director, Department of Welfare of Schedule Caste, Collectorate, Madurai.
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G.K.ILANTHIRAIYAN, J.
am 19.12.2024 5/5