Blanket Order To Dissolve National Commission For Scheduled Caste Over An Alleged Wrong Action Not In Community's Interest: Madras HC

The bench of Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy held that if a person was aggrieved by any action of the Commission, they could challenge the same before the appropriate forum, and a blanket prayer for dissolving the Commission would not be in the interest of the members belonging to the scheduled caste community.

“If a person is aggrieved by any of the action of the Commission, then, that action may be challenged. However, a blanket prayer for dissolving the Commission would not be in the interest of the members of the Scheduled Caste community. We cannot comprehend such a prayer on the basis of the facts enumerated in the petition,” the court observed.

The court was hearing a plea by the Madurai Mavatta Devendra Kula velalar Uravinmurai Sangam seeking directions to the Ministry of Social Justice & Empowerment to dissolve the commission. It was alleged that the commission was not performing its duties in accordance with Article 338 of the Constitution.

The petitioner Sangam alleged that the Commission was functioning in a biased manner and was politically driven. They argued that the commission was not working for the empowerment of members belonging to the scheduled caste community and not maintaining the dignity of the people. Thus, it was alleged that the commission had failed to identify the real issues of the members and investigate the same.

The court noted that the Commission was set up under Article 338 of the constitution to work for the benefit of the scheduled caste people. The court noted that the duties of the commission was enumerated in the constitution which it was obliged to follow.

However, the court also noted that it could not pass orders dissolving the board. The court was thus not in favouring of entertaining the plea and dismissed the petition.

Counsel for the Petitioner: Mr.Rajapandi for Mr.K.Kannan

Counsel for the Respondents: Mr.V.Chandrasekar

Citation: 2024 LiveLaw (Mad) 60

Case Title: Madurai Mavatta Devendra Kula Velalar Uravinmurai Sangam v The Secrertary and Others

Case No: WP No.2315 of 2020