Dismissed¶45

Pudhucherry Bhim Sena v. Union of India

Madras HC10 Mar 2026WP/9758/2026

Case brief

AI extract

What is this about?

Puducherry; SCSP funded welfare scheme; Dr.B.R.Ambedkar's Yatra Scheme 2025; five-year continuous residence eligibility criterion; migrant Scheduled Caste persons from other states; G.O.Ms.No.08/2025/ADW & STW dated 03.04.2025; Article 226 certiorarified mandamus; policy framing and eligibility fixation as domain of appropriate authority; locus standi; writ petition dismissed; Constitution (Puducherry) Scheduled Castes Order 05.03.1964; Article 341; Adi Dravidar Welfare Department; Union of India Ministry of Social Justice and Empowerment.

What did the court decide?

No relief to the petitioner; the writ petition was dismissed. W.M.P.No.10529 of 2026 (dispensing with production of the impugned G.O.Ms.No.08/2025/ADW and STW dated 03.04.2025) was ordered as prayed for; W.M.P.No.10530 of 2026 was closed; No costs. ¶45

Pudhucherry Bhim Sena Vs Union of India — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether Clause 3(b) of the impugned G.O.Ms. No.08/2025/ADW & STW dated 03.04.2025, permitting eligibility (under Dr.B.R.Ambedkar's Yatra Scheme - 2025) based on continuous residence of not less than five years, should be quashed and the respondents restrained from extending SCSP-funded Scheduled Caste-specific welfare benefits in Puducherry to migrant Scheduled Caste persons from other states. +1 more

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Court's answer

Considering the facts and circumstances, and taking note that the policy has been framed by the appropriate authority and fixing of eligibility is its domain, the writ petition stands dismissed.

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Ratio / Principle

Framing of the policy and fixing of the eligibility is the domain of the appropriate authority that framed the scheme.

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Detailed headnote1 paragraphs

Madras High Court (M. Dhandapani, J.) dismissed a writ petition filed by Pudhucherry Bhim Sena (Reg. No.1179/2005) under Article 226 of the Constitution seeking a Writ of Certiorarified Mandamus to quash Clause 3(b) of G.O.Ms. No.08/2025/ADW & STW dated 03.04.2025 passed by the Secretary, Adi Dravidar Welfare and ST Welfare Department, Puducherry, and to forbear the respondents from extending SCSP-funded Scheduled Caste-specific welfare benefits in Puducherry to migrant Scheduled Caste persons from other states. The impugned G.O. introduced Dr.B.R.Ambedkar's Yatra Scheme - 2025, funded from the public exchequer and SCSP allocations, prescribing eligibility based on birth in Puducherry or continuous residence of not less than five years. The Court held that the policy has been framed by the appropriate authority and that fixing the eligibility is the domain of that authority, and accordingly dismissed the petition. W.M.P.No.10529 of 2026 (dispensation from producing the impugned G.O.) was ordered as prayed for; W.M.P.No.10530 of 2026 was closed; no costs. Background noted: the Constitution (Puducherry) Scheduled Castes Order dated 05.03.1964 restricted Scheduled Caste status to persons resident in Puducherry, confirmed by G.O.Ms.No.28 dated 02.02.1977, with circulars dated 22.02.1985 and 06.01.1993 clarifying that migrant Scheduled Caste persons retain SC status only in their state of origin.

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WP No. 9758 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 10-03-2026

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CORAM

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THE HON'BLE MR JUSTICE M.DHANDAPANI

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WP No. 9758 of 2026 and W.M.P.Nos.10529 and 10530 of 2026

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Pudhucherry Bhim Sena Reg. No.1179/2005), Rep. by its Secretary, No.2, Pudu Nagar, Poriyur pet, Villianur (post) Puducherry-65 110

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..Petitioner(s)

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Union Of India

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Rep. by its Secretary, Ministry of Social Justice and Empowerment, New Delhi.

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The Chief Secretary, Government of Puducherry, Puducherry.

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The Secretary to Government, Adi Dravidar Welfare and ST Welfare Department, Government of Puducherry.

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The Director Adi Dravidar Welfare Department, Government of Puducherry.

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..Respondent(s)

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Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned Government order G.O.Ms. No.08/2025/ ADW and STW dated 03.04.2025 passed by the 3rd respondent and quash the same insofar

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Page1 of 7

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https://www.mhc.tn.gov.in/judis

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WP No. 9758 of 2026

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as Clause 3(b) permits eligibility based on continuous residence of not less than five years consequently forbear the respondents from extending SCSP Funded Scheduled Caste-Specific welfare benefits in Puducherry to migrant Scheduled Caste persons from other states.

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For Petitioner(s): Mr.P.R.Thiruneelakandan For Respondent(s): Mr.Ravi Meenakshi Sundaram for R1 Senior Panel Counsel Mr.V.Vasanthakumar for R2 to R4 Additional Government Pleader

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ORDER

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With consent on either side, the main Writ Petition itself is taken up for final disposal.

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The present Writ Petition has been filed for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned Government order G.O.Ms. No.08/2025/ ADW and STW dated 03.04.2025 passed by the 3rd respondent and quash the same insofar as Clause 3(b) permits eligibility based on continuous residence of not less than five years consequently forbear the respondents from extending SCSP Funded Scheduled Caste-Specific welfare benefits in Puducherry to migrant Scheduled Caste persons from other states.

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https://www.mhc.tn.gov.in/judis

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WP No. 9758 of 2026

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According to the petitioner, the petitioner is the Secretary of the registered association representing Scheduled Caste Persons of Puducherry Origin, governed by Article 341 of the Constitution of India. Further, in strict adherence to the Presidential Order, the Government of Puducherry issued G.O.Ms.No.28 dated 02.02.1977 followed by circulars dated 22.02.1985 and 06.01.1993 clarifying that Scheduled Caste Persons migrating from other states shall retain their scheduled caste status only in their state of origin and are not entitled to scheduled caste specific welfare, educational or scholarship benefits in Puducherry. While so, the 3^rd respondent issued G.O.Ms.No.08/2025/ADW & STW dated 03.04.2025 introducing a new welfare scheme titled Dr.B.R.Ambedkar’s Yatra Scheme – 2025 fully funded from public exchequer and scheduled caste sub-plan (SCSP) allocations. Since the same introduces an artificial residence criterion seeking to do indirectly what is constitutionally impermissible, the petitioner has come up with the present Writ Petition.

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The learned counsel for the petitioner would submit that the 2^nd respondent issued an impugned Notification dated 03.04.2025 for providing financial assistance to the Scheduled Castes / Scheduled Tribes people for visiting of historical places located in India connected with the life of Dr.Baba Saheb Ambedkar. However, the grievance of the petitioner is that the

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Page3 of 7

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https://www.mhc.tn.gov.in/judis

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WP No. 9758 of 2026

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eligibility fixed must follow to the persons residing at Union Territory by virtue of birth and continuous residence of not less than five years. The petitioner has no grievance of granting the scheme to the residents of Puducherry, however, the grievance is that the said scheme shall not be granted to the migrant people, who are residing for more than five years, since the same will encourage other state people to reside in Puducherry and utilise the scheme according to their whims and fancies, therefore, the present Writ Petition has been filed.

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The learned Senior Panel Counsel appearing for the 1^st respondent as well as the learned Additional Government Pleader appearing for the respondents 2 to 4 would submit that it is the policy framed by the Government and it is their domain to fix the eligibility criteria and the petitioner has no locus standi to question the eligibility fixed by the respondents, thereby pleaded to dismiss the petition.

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Heard the learned counsel appearing for the petitioner and the learned senior panel counsel for the 1^st respondent and the learned Additional Government Pleader appearing for the respondents 2 to 4 and perused the entire documents placed on record.

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https://www.mhc.tn.gov.in/judis

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WP No. 9758 of 2026

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On a perusal of the documents placed on record it is seen that the President of India issued Constitution (Puducherry) Scheduled Castes Order dated 05.03.1964 restricting Scheduled Caste Status to the persons resident in Puducherry and the same was confirmed by the Government of Puducherry vide G.O.Ms.No.28 dated 02.02.1977. Further, vide order dated 22.02.1985, the Government of Puducherry issued circular reiterating that migrant scheduled castes are not entitled to the welfare and educational benefits in Puduchery. Now, the 3^rd respondent issued the Impugned G.O.Ms.No.08/2025/ADW& STW, introducing Dr.B.R.Ambedkar’s Yatra Scheme – 2025 funded through SCSP allocations, prescribing eligibility based on birth in Puducherry or continuous residence of not less than five years.

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It is pertinent to point out that the policy has been framed according to the scheme by the appropriate authority and it is domain of the authority to fix the eligibility, therefore, the petitioner has locus standi to question the eligibility fixed by the respondent.

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Considering the above said facts and circumstances of the case and taking note of the fact that the policy has been framed according to the scheme by the appropriate authority and hence, it is domain of the authority to

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https://www.mhc.tn.gov.in/judis

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WP No. 9758 of 2026

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fix the eligibility, therefore, the petitioner has locus standi to question the eligibility fixed by the respondent. Accordingly, the present Writ Petition stands dismissed. Consequently, W.M.P.No.10529 of 2026 filed to dispense with the production of the impugned G.O.Ms.No.08/2025/ADWand STW dated 03.04.2025 passed by the 3^rd respondent is ordered as prayed for and W.M.P.No.10530 of 2026 is closed. No costs.

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10-03-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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ssd

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