Madras High CourtWP(MD)/20203/2015dismissed

Shanmugam v. The Union Of India

2016-11-02Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.[MD].No.20203 of 2015 and M.P.(MD).No.1 of 2015 Shanmugam .. Petitioner Vs.

1.The Union of India, rep. by the Principal Secretary, Ministry of Social Justice and Empowerment, New Delhi.

2.The Deputy Chief Commissioner/ Chief Commissioner for Disabilities, Office of the Deputy Chief Commissioner/ Chief Commissioner for Disabilities, No.6, Sarojini House, Bhagavan Doss Road, New Delhi.

3.The State of Tamil Nadu, rep. by the Principal Secretary, Social Welfare and Nutritious Meal Program Department, Secretariat, Fort. St. George, Chennai.

4.The State Special Commissioner for differently able, Office of the State Special Commissioner for differently able, Jawahalal Nehru Inner Circle Road, Ashok Nagar, Chennai -78.

5.The Principal Secretary, Municipal Administrative and Water Supply Department, Secretariat, Fort St. George, Chennai .

6.The District Collector, Office of the District Collector, 7.The Director General of Police, Office of the Director General of Police, Dr.Rathakrishnan Road, Chennai.

8.The Joint Director, CBI, Shasthri Bhavan, Chennai.

9.The Additional Director General of Police, CBCID, Chennai.

10.The Superintendent of Police, Office of the Superintendent of Police, 11.The Inspector of Police, Tirunelveli Government Medical College Hospital, Palayamkottai, Tirunelveli City.

...

Respondents PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to take appropriate action against the persons who are creating forged disability certificates and got appointments on the basis of the forged disability certificates in several departments in Tirunelveli District and other Districts in the State of Tamil Nadu, by considering the representation submitted by the petitioner, dated 30.10.2015.

(Prayer amended, vide Court order dated 18.11.2015, in M.P.(MD). No.2 of 2015) For Petitioner : Mr.R.Alagumani For respondents 1, 2 & 8 : No appearance For respondents : Mr.M.Govindan, 3 to 7 & 9 to 11 Special Government Pleader

O R D E R

[Order of the Court was made by S.NAGAMUTHU, J.] The petitioner has come up with this Public Interest Litigation seeking a direction to the respondents 1 to 4 to take appropriate action against the persons who are creating forged disability certificates and who have got appointments on the basis of the forged disability certificates in several departments in Tirunelveli District and other Districts in the State of Tamil Nadu.

2.The learned counsel appearing for the petitioner, placing reliance on a report in a newspaper, wherein it is stated that the department has taken action against 108 persons, who had secured

employment under disability quota by producing bogus disability certificates, would submit that appropriate direction should be issued to the Government to take action against all those persons, who are responsible for creating such bogus disability certificates and who have secured appointments by making such false claim.

3. In our considered view, the prayer sought for in the petition cannot be considered at all by this Court. If any one got any grievance regarding such bogus certificates or false appointments, since it is a service matter, he can work out his remedy only before the competent Court. The petitioner has not at all an aggrieved party. On the other hand, in this petition, the petitioner has not brought any material even to make out a prima facie case.

4. In view of the above, we do not find any merit at all in this Writ Petition. This Writ Petition is, therefore, dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To 1.The Principal Secretary, Union of India, Ministry of Social Justice and Empowerment, New Delhi. 2.The Deputy Chief Commissioner/ Chief Commissioner for Disabilities, Office of the Deputy Chief Commissioner/ Chief Commissioner for Disabilities, No.6, Sarojini House, Bhagavan Doss Road, New Delhi. 3.The Principal Secretary, Social Welfare and Nutritious Meal Program Department, Secretariat, Fort. St. George, Chennai. 4.The State Special Commissioner for differently able, Office of the State Special Commissioner for differently able, Jawahalal Nehru Inner Circle Road, Ashok Nagar, Chennai -78.