In the recent cases the Madras High court has repeatedly stated the fact that the National Commission on SC and ST has been empowered with the privileges of an district court as per Article 338(8) of the indian constitution.
The NCST doesn’t have the power to permit non full time or full time orders to force a person to act on certain instructions. The Bench of Present chief Justice T Raja and Justice BHARATHA CHAKRAVARTHY considered that the rules on this matter has been heard in Hon’ble Apex court ( ALL INDIAN OVERSEAS BANK SC AND ST EMPLOYEES WELFARE ASSOCIATION AND OTHERS . In which it has been stated that when the commission is not in fact provided with powers to issue a order for make a side to act on certain instructions.” Then it cannot pass those orders.
“In view of the law enunciated by the Apex Court in the case of All India Indian Overseas Bank SC and ST Employees’ Welfare Association and others, supra, we hold that the Commission lacks jurisdiction to pass the order of interim injunction dated 18.10.2022.”
The High court of Madras was conducting hearings on the matter of a plea registered by Jayaram challenged the decision of commission in which it has disallowed the Hindu Religious and charitable Endowment( HR&CE) Division from execution of future actions in land belonging to the Arulmigu SAKIYAMMAN TEMPLE.
Case Title :- JAYARAMAN TM VS THE NATIONAL COMMISSION FOR SC AND ST AND OTHERS
CITITATION :- 2023 live law (mad) 136
Counsel for the petitioner :- Naveen Kumar Murthi for Mr.G.V.Mohan Kumar and Mr.C.Palanisamy
Counsel for the Respondents: Mr.G.Ilangovan CGSCC, Mr.P.Muthukumar State Government Pleader, Mr.Srinath Sridevan Senior Counsel for Mr.Bhagavath Krishnan, Mr.N.R.R.Arun Natarajan Spl. Govt. Pleader (HR&CE)
written by :- Shivraj Kadlimatti Class :- 2nd Year B.B.A.L.L.B intern under legal vidhiya.
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