The High Court of Jharkhand while dismissing a petition seeking issuance of direction upon the respondent Union of India to implement the ratified convention in lieu of Maternity benefits for the State of Jharkhand in terms of the mandate of Article 253 of the Constitution of India read with Schedule VII-Union List entry 14 reiterated that a mandamus can be issued where the Government or a public authority has failed to exercise or wrongly exercised the discretion conferred upon it by a statute or a rule or a policy decision and no mandamus can be issued in absence of any statute or a rule or a policy decision.
Brief Facts:
The present petition was filed for issuance of direction upon the respondents to consider the petitioner’s application dated 2nd December 2022 whereby she had requested child care leave for the period from 6th to 20th December 2022. Further prayer has been made for issuance of direction upon the respondent-State to make arrangements/separate rooms etc. at C.H.+2 High School Jhumri Telaiya so as to enable the petitioner to breastfeed her son during working hours. The petitioner has also prayed for issuance of direction upon the respondent Union of India to implement the ratified convention in lieu of Maternity benefits for State of Jharkhand in terms of mandate of Article 253 of Constitution of India read with Schedule VII-Union List entry 14 or alternatively for issuance of direction upon the respondent-State to come up with rules for Child Care Leave since the said power is enshrined under Schedule VII-Concurrent List-Entry 24.
Observations of the court:
The court stated that the petitioner herself has preferred the present writ petition after a delay of more than nine months from the date of filing of said representation and she has also not assigned any cogent reason as to why the said delay has been committed to filing the present writ petition and moreover, the petitioner has also not brought on record any such circular/scheme/policy of the Government of Jharkhand with respect to grant of child care leave.
Further, the court referred to the decision of the court in the case of State of Jharkhand & Others Vs. Ashok Kumar Dangi & Others, wherein it was held that framing of policy is within the domain of the Government since various inputs are required and it is neither desirable nor advisable for a court of law to direct or summarise the Government to adopt a particular policy which it deems fit or proper and the courts are ill-equipped to deal with competing claims and conflicting interests. It has further been held that a mandamus can be issued where the Government or a public authority has failed to exercise or wrongly exercised the discretion conferred upon it by a statute a rule or a policy decision and no mandamus can be issued in the absence of any statute or a rule or a policy decision.
The court stated that the present petition cannot be entertained by the court since the framing of policy/rule is within the domain of the State Government.
The decision of the Court:
The court dismissed the petition.
Case Title: Prerna vs State of Jharkhand and ors.
Coram: Hon’ble Mr. Justice Rajesh Shankar
Case No.: W.P. (S) No.5274 of 2023
Advocate for the Petitioner: Mr. Shobha Gloria Lakra
Advocate for the Respondent: Mr. Abhinay Kumar and Mr. Ravi Prakash
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