APHC010318302023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] WEDNESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 16436/2023 Between: 1. N VIJAYA BHASKAR, S/O VARAIAH, AGED ABOUT 27 YEARS, CASTE. MALA, R/O KALATHURU VILLAGE, K.V.B. PURAM MANDAL, CHITTOOR DISTRICT. ...PETITIONER A N D 1. UNION OF INDIA, MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT, REP. BY ITS SECRETARY, NEW DELHI. 2. DR AMBEDKAR INTERNATIONAL CENTRE, REP. BY ITS DIRECTOR, MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT, GOVT. OF INDIA, WING N.7 WEST BLOC-1, GROUND FLOOR, R.K. PURAM, NEW DELHI. 3. THE DEPUTY DIRECTOR, SOCIAL WELFARE DEPARTMENT CHITTOOR, CHITTOOR DISTRICT. 4. THE ASSISTANT SOCIAL WELFARE OFFICER, SRIKALAHASTI, CHITTOOR DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the 2nd respondent in issuing the impugned order bearing F.No. EO No. 43826 dt. 15-9-2022 rejecting the application filed by the petitioner for granting incentive under Dr. Ambedkar Scheme for social Integration through inter-caste on the ground that the application has not been submitted within one year of marriage, as being illegal, arbitrary, unjust and unconstitutional and consequently set aside the same by directing the respondents to receive the application and to sanction the incentive to the SRK, J W.P.No.16436 of 2023 2 petitioners, ,and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case. IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the impugned order bearing F.No. E0 No. 43826 dt. 15-9-2022 issued by the 2nd respondent herein, pending disposal of the main Writ Petition, and to pass Counsel for the Petitioner: 1. K MOHAN RAMI REDDY Counsel for the Respondent(S): 1. GP FOR SOCIAL WELFARE 2. The Court made the following: SRK, J W.P.No.16436 of 2023 3 O R D E R This Writ Petition was filed seeking the following relief: <…to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, to declare the action of 2nd respondent in issuing the impugned order bearing F.No.EO No.43826, dated 15.09.2022 rejected the application filed by the petitioners for granting incentive under Dr.Ambedkar Scheme for Social Integration through inter-caste on the ground that that the application has not been submitted within one year of marriage, as being illegal, arbitrary, unjust and unconstitutional and consequently, set-aside the same by directing the respondents to receive the application and to sanction the incentive to the petitioners and to grant such other relief or reliefs …= 2. Contents of the affidavit filed by 1st petitioner, in brief, are that he belongs to Scheduled Caste community (Mala caste) and 2nd petitioner belongs to Balija community; that they fell in love and married on 16.09.2019 as per Hindu rites and customs; that they got registered their marriage in the Office of the Marriage Registrar, Tirupati and to that effect, the Marriage Certificate was also issued on 23.09.2019; that subsequent to their marriage, they are leading peaceful marital life. (b) The Government of India introduced a scheme under Dr. Ambedkar Scheme for Social Integration; that the objective of the said Scheme is to appreciate the socially bold step of an inter- caste marriage taken by the newly married couple and to extend financial incentive to the couple to enable them to settle down in SRK, J W.P.No.16436 of 2023 4 the initial phase of their marital life; that the incentive for a legal inter-caste marriage shall be Rs.2.50 lakhs and the eligible couples would receive Rs.1.50 lakhs, out of the incentive amount, through RTGS/NEFT to the joint bank account, and the balance would be kept as Fixed Deposit for three (03) years. (c) On 29.09.2019, the petitioners filed the application and approached the respondent Nos.3 and 4, but the respondents advised to submit certain documents; that in the process of collecting those documents, delay occurred; that further in the month of March, 2020, Covid Pandemic had settled down throughout the Country and because of the said Pandemic effect, the petitioners could not submit their application before the respondent authorities within the time stipulated; that Dr. Ambedkar Foundation Ministry of Social Justice and Empowerment, Government of India has issued Proceedings vide F.No.EO No.43826, dated 15.09.2022 with regard to Incentive under Dr.Ambedkar Scheme for Social Integration through Inter-Caste Marriages; that it was defined in the said proceedings that Inter- Caste Marriage means a marriage in which one of the spouses belongs to Scheduled Caste and the other belongs to a Non- Scheduled Caste and the marriage should be valid as per the law duly registered under the Hindu Marriage Act, 1955; that it was SRK, J W.P.No.16436 of 2023 5 further observed in the said proceedings that the proposal would be treated as valid, if submitted within one year of marriage and at the same time, the said proposal has to be recommended by an MP/MLA and the same has to be forwarded to the Foundation through the concerned District Magistrate/District Collector/State Welfare Department with their comments/recommendations. (d) The respondent authorities, on scrutiny, found that the application of petitioners was not submitted in the office within one year of marriage and hence, the petitioners have not met the eligibility criteria and in view of the said reason, the application of petitioners was not accepted. Hence, the Writ Petition. 3. Heard the learned counsel for the Writ Petitioners and learned Assistant Government Pleader for Social Welfare representing respondent Nos.3 and 4. Perused the entire material on record. 4. Learned counsel for the Writ Petitioners would submit that the application of the petitioners was rejected on the ground that it was not submitted within one year of marriage. Learned counsel submits that the application was submitted well within time on 29.09.2019, but on the advice of respondent authorities to furnish some documents, some delay occurred, however, in view of the dicta of the the Hon’ble Supreme Court vide in its Order dated SRK, J W.P.No.16436 of 2023 6 10.01.2022, in Miscellaneous Application No.21 of 2022 and Miscellaneous Application No.29 of 2022 in Miscellaneous Application No.665 of 2021 in Suo Motu Writ Petition (C) No.3 of 2020, the application is within time and hence, he prays to set- aside the impugned order, direct the respondents to consider the case of the petitioners for grant of incentive under the said Scheme. 5. Learned Assistant Government Pleader for Social Welfare representing respondent Nos.3 and 4 would contend that for claiming incentive under Dr.Ambedkar Scheme for Social Integration through Inter-Caste Marriage, the proposal would be treated as valid, if submitted within one year of marriage, but the same is lacking in the present case, as the petitioners had not submitted their application in the Office within one year of their marriage. 6. It is an admitted fact that the objective of Dr.Ambedkar Scheme for Social Integration through Inter-Caste Marriage is to appreciate the couple, who took socially bold step by performing an inter-caste marriage, by extending financial incentive enabling them to settle down in the initial phase of their married life. 1st petitioner belongs to Scheduled Caste community, whereas, 2nd petitioner SRK, J W.P.No.16436 of 2023 7 belongs to Balija community, and there is no dispute in regard to their respective social status. 7. The application of petitioners, to claim the incentive under Dr.Ambedkar Scheme for Social Integration through Inter- Caste Marriage, was rejected by the respondent authorities vide F.No.EO No.43826, dated 15.09.2022 on the sole ground that their application was not submitted in the Office within one year of marriage. Learned counsel for the petitioners would contend that the petitioners made the application before the respondent authorities well within time prescribed on 29.09.2019, but on the advice of respondent authorities to submit certain documents, delay occurred in collecting those documents, and in the meantime, Covid-19 Pandemic effect prevailed all over the Country and therefore, they submitted the application after restoration of normalcy. 8. A perusal of the contention of the petitioners coupled with the entire material on record goes to show that the only ground of rejection of application of the petitioners is that they submitted the application in the Office after one year of their marriage. Indeed, in the Proceedings vide F.No.EO No.43826, dated 15.09.2022 except the aforesaid ground, in respect of the documents submitted by the petitioners along with their application, SRK, J W.P.No.16436 of 2023 8 there is no other flaw i.e. with regard to the documents annexed with the application. 9. A further perusal of the material on record goes to show that there are certain documents which are advised to be submitted by the petitioners and it requires ample time so as to get letters from concerned MP/MLA and the same has to be forwarded to the District Magistrate/District Collector, with comments/ recommendations. In order to recommend the same, it is obvious that it would take considerable length of time for the authorities for assigning recommendations. During the month of March, 2020, there was outbreak of Covid-19 all over the world and it would not be possible to the petitioners during such pandemic period to collect the documents as prescribed by the respondent authorities to make their application before the respondent authorities for getting it approved. Having gone through the entire material on record, this Court is of the opinion that because of Covid-19 Pandemic effect, the documents, which are required to be submitted by the petitioners, could not be done within the stipulated period. 10. The Hon’ble Supreme Court of India vide in its Order dated 10.01.2022, in Miscellaneous Application No.21 of 2022 and Miscellaneous Application No.29 of 2022 in Miscellaneous SRK, J W.P.No.16436 of 2023 9 Application No.665 of 2021 in Suo Motu Writ Petition (C) No.3 of 2020, having regard to the impact of the surge of the virus on public health and adversities faced by litigants during Covid-19 pandemic effect, directed that the period from 15.03.2020 till 28.02.2022 shall stand excluded for the purposes of limitation as may be prescribed under any General or Special Laws in respect of all Judicial and Quasi Judicial Proceedings. The Hon’ble Supreme Court further made it clear that in cases where the limitation would have expired during the period between 15.03.2020 and 28.02.2022, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 01.03.2022, making it further clear that in the event the actual balance period of limitation remaining with effect from 01.03.2022 is greater than 90 days, the longer period shall appear. The Hon’ble Supreme Court further made it clear that exclusion of period from 15.03.2020 to till 28.02.2022 shall apply in computing the periods prescribed under Sections 23 (4) and 29A of the Arbitration and Conciliation Act, 1996, Section 12A of the Commercial Courts Act, 2015 and provisos (b) and (c) of Section 138 of the Negotiable Instruments Act, 1881 and any other laws, which prescribe period(s) of limitation for instituting proceedings, outer limits (within SRK, J W.P.No.16436 of 2023 10 which the court or tribunal can condone delay) and termination of proceedings. 11. In the case on hand, originally the petitioners submitted the application on 29.09.2019, however, on the advice of respondent authorities, to submit certain other documents, it appears some time was taken for obtaining those documents. As seen from the impugned order dated 15.09.2022, except stating that the application of the petitioners was not submitted in the office within one year of the marriage, no exact date has been mentioned by 2nd respondent as to when the application was submitted in the office. However, as seen from the endorsement on the application of the petitioners, copy of which has been filed along with material papers of the Writ Petition, it is clear that the application was submitted on 28.04.2021. Therefore, from the aforesaid dicta of the Hon’ble Supreme Court, the application of the petitioners can be considered to be submitted well within time prescribed under the provisions of Dr. Ambedkar Scheme for Social Integration through Inter-Caste Marriage. In view of the same, the Proceedings vide F.No.EO No.43826, dated 15.09.2022 issued by 2nd respondent are set-aside. Respondents are directed to receive the application of the petitioners for the claim of Incentive under Dr.Ambedkar Scheme for Social Integration through Inter-Caste Marriage, and SRK, J W.P.No.16436 of 2023 11 consider the case of the petitioners for the claim of incentive under the aforesaid scheme if they are otherwise eligible, within a period of four (04) weeks from the date of receipt of copy of this order. 12. Accordingly, Writ Petition is allowed. There shall be no order as to costs. Consequently, miscellaneous applications pending if any, shall also stand closed. JUSTICE K. SREENIVASA REDDY 7th January, 2026. DNB