The Principal Secretary to Government and Anr. (Appellant ) Vs. Chitra and Anr. (Respondent)
WA No. 3866 of 2025 (2JB, Manindra Mohan Shrivastava and G. Arul Murugan, JJ.)
Overview
The case is related to a dispute over a state welfare scheme that provides financial assistance to women during marriage. The Madras High Court had to decide whether the rejection of an application under the scheme was justified and whether the earlier bench of this court acted beyond the scope of the issue that was originally raised.
The Single Judge, allowed the writ petition by the petitioner, respondent herein, and suggested that the benefit of the scheme should also be given to people, earning wages, almost equal to the minimum wages mentioned under the scheme. This observation was challenged by the State Government by an appeal arguing that the court changed the policy by itself. Therefore, the matter came before the current Division Bench, which had to examine the limitations when it comes to the judicial review while dealing with government welfare schemes.
Facts
S.Chitra, the respondent herein, applied for availing the benefit of the Moovalur Ramamirtham Ammaiyar Ninaivu Marriage Assistance Scheme, an initiative taken by the Tamil Nadu government to support the women coming from weak economic backgrounds during their marriage. One of the condition of the scheme was that the monthly income of the applicant should not be more than Rs. 6000 or Rs. 72000 p.a.. However, the income certificate which was issued by the Zonal Deputy Tehsildar showed that Chitra’s income was Rs. 9000 per month. Due to this, her application was rejected under the scheme.
Chitra challenged this decision before the Madras High Court, while arguing that her income was lower than the one mentioned in the certificate, and that her claim shouldn’t have been rejected. The Single Judge observed that the benefit of the scheme should also extend to people earning wages equivalent to the minimum wage mentioned in the scheme.
The State Government raised its objection to this decision. It argued that the court acted beyond the question which was raised in the case and expanded the scope of the scheme by itself. Therefore, this writ appeal was filed before the Division Bench of the Madras High Court.
Legal Issues
- Whether the Single Judge exceeded the scope of the writ petition under by amending a government scheme.
- Whether there can be judicial intervention in the government schemed while acting under Article 226 of the Constitution.
- Whether the respondent was eligible under the scheme to claim it’s benefit when the certificate showed her earnings above the limit mentioned in the scheme.
Decision
The Division Bench allowed the appeal and the Single Judge’s order was set aside. It was observed that only one simple question was to be answered in the writ petition i.e., whether Chitra’s application had wrongly been rejected on the basis of a certificate of income. No challenge had been made to the scheme itself, nor was there any request to make any amendments to the scheme.
According to the court, the Single Judge acted beyond the limit by suggesting that the scheme should also be applicable to the people earning wages equivalent to the one mentioned in the scheme. Such a suggestion or decision is to be made by the executive. It was also emphasised that welfare schemes are part of policy decisions of the government. The judiciary can only review or change such policies if it’s in violation of law or the constitution. One possibility was kept open for the respondent as to acceptance of a revised income certificate after an enquiry has been made. If it shows that her income during the relevant period was really below Rs. 6000 per month, then she could still avail the benefit of the scheme.
