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11th October, 2013 HINDU COLLEGE AND ORS. ..... Petitioners
Through: None.
Through: None.
To be referred to the Reporter or not? VALMIKI J. MEHTA, J (ORAL)
JUDGMENT
1. This writ petition is filed by the petitioner no.1-college seeking direction against the respondent no.2/National Commission for Scheduled Castes/Scheduled Tribes to desist from carrying out any further enquiry in respect of the representation dated 28.12.1998 received from the respondent no.4.
2. The complaint which was filed by the respondent no.4 is not a complaint by any SC/ST employee but a complaint against them. Therefore, there does not arise an issue of the respondent no.4 looking into any 2013:DHC:5316 violation of the rights of the SC/ST employees.
3. Respondent no.2 on the basis of the complaint of respondent no.4 sent a notice to the Principal of the petitioner no.1-college to personally appear, however, the issue really was of proper representation alongwith documents and the necessary representation was made before the respondent no.2 and filing of documents which were done. Therefore, there does not arise an issue of directing personal appearance of the petitioner no.2.
4. It may also be stated that Supreme Court in the judgment in the case of All India Indian Overseas Bank SC and ST Employees’ Welfare Assn. Vs. Union of India (1996) 6 SCC 606 has held that respondent no.2 has no powers like the civil court to issue directions or injunctions.
5. In view of the aforesaid facts, respondent no.2 has no power to proceed against with respect to representation dated 28.12.1998 as there is no issue of any violation of any rights of a member of scheduled castes or scheduled tribes. Also, once necessary representation exists on behalf of the petitioner no.1-college before the respondent no.2, and necessary documents are filed, there is no need for personal appearance of the Principal of college.
6. Writ petition is therefore allowed and it is directed that no further proceedings be taken by the respondent no.2 with respect to the representation dated 28.12.1998 received by the respondent no.2 from the respondent no.4. No direction be also issued by the respondent no.2 for personal appearance of the Principal of college. Writ petition is accordingly allowed, leaving the parties to bear their own costs.
OCTOBER 11, 2013 VALMIKI J. MEHTA, J. Ne