Writ appeal against quashing of rejection of Rs.2.50 lakh incentive under the Dr.Ambedkar Scheme for an inter-caste marriage. The Division Bench held the one-year submission clause directory and that State delay cannot defeat an eligible applicant's claim.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.A.(MD).No.2628 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.12.2024
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
W.A.(MD).No.2628 of 2024 and C.M.P.(MD).No.18275 of 2024
The Director,
Dr.Ambedkar Foundation, Ministry of Social Justice and Empowerment, Government of India, No.15, Japath, New Delhi - 110001. ... Appellant/1st Respondent
Vs.
1.Santhosh Govindaraj
... 1st Respondent/Petitioner
3.The District Collector, Karur District, Thanthonimalai, Karur.
... Respondents 2 & 3/
Respondents 2 & 3
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying to allow the appeal and set aside the order of this Court made in W.P.(MD).No. 9752 of 2023 dated 21.06.2023.
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W.A.(MD).No.2628 of 2024 For Appellant : Mr.K.Govindarajan Deputy Solicitor General of India for Mr.S.Pon Senthil Kumaran For R-2 & R-3 : Mr.S.Shaji Bino Special Government Pleader
JUDGMENT
(Judgment of the Court was made by M.S.RAMESH,J.)
This Writ Appeal has been filed against the order of the learned Single Judge in W.P.(MD).No.9752 of 2023 dated 21.06.2023.
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W.A.(MD).No.2628 of 2024
“5. Proposal would be treated as valid if submitted within one year of marriage.”
Under Clause (V)(3), the norms for release of incentive have been prescribed, as per which the Chairperson of Dr.Ambedkar Foundation and HMSJE may relax any provisions of the Scheme in deserving cases. In view of the power of
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W.A.(MD).No.2628 of 2024
relaxation provided under the Scheme to the Chairperson, it requires to be necessarily held that Clause (III)(5), which requires the application to be made within one year, is only directory in nature and not mandatory.
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W.A.(MD).No.2628 of 2024
as to costs. Consequently, connected miscellaneous petition stands closed.
(M.S.R.,J.) (A.D.M.C.,J.) 20.12.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To
2.The District Collector, Karur District, Thanthonimalai, Karur.
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W.A.(MD).No.2628 of 2024
M.S.RAMESH,J. and A.D.MARIA CLETE,J.
Lm
W.A.(MD).No.2628 of 2024
20.12.2024
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2 issues framed by the court
Whether the one-year limit in Clause III(5) of the Dr.Ambedkar Scheme for inter-caste marriage incentive is mandatory or directory.
Whether rejection of the incentive application was sustainable when the State delayed forwarding a timely application beyond one year of marriage.
The Director, Dr.Ambedkar Foundation, Ministry of Social Justice and Empowerment, Government of India
Santhosh Govindaraj
The Secretary to Government, Adi Dravidar and Tribal Welfare Department, Government of Tamil Nadu
The District Collector, Karur District
M.S.Ramesh
A.D.Maria Clete
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
