Madhya Pradesh High Court
Dr. Sindhu Wadiwa vs The Union Of India on 18 April, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:12542
1 WP-12644-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 18th OF APRIL, 2026
WRIT PETITION No. 12644 of 2026
DR. SINDHU WADIWA
Versus
THE UNION OF INDIA AND OTHERS
Appearance:
Shri Shashank Chaturvedi - Advocate for the petitioner.
Shri Praveen Niwaskar- Additional Solicitor General for
respondent/UOI.
ORDER
This petition under Article 226 of the Constitution of India has been filed by the petitioner seeking following reliefs:-
"7.1 Issue an appropriate writ, order or direction, preferably in the nature of Mandamus, directing the Respondents to forthwith comply with and implement the findings and recommendations of the NCST in letter and spirit, within a time-bound manner. 7.2 Issue an appropriate writ, order or direction directing the Respondents to initiate disciplinary and administrative action against the officials found responsible for acts of caste-based discrimination, harassment, and wilful non-compliance of the recommendations of the NCST, in accordance with law, including under Articles 14, 15, 16, 21 and 338A of the Constitution of India and Rule 3(1) and Rule 3(2A) of the CCS (Conduct) Rules, 1964.
7.3 Issue an appropriate writ, order or direction directing the Respondents to implement the recommendation of the NCST regarding transfer of the Petitioner's husband from Gwalior to Bhopal forthwith, in the interest of his safety, dignity and mental well-being.
7.4 Pass such other and further orders as this Hon'ble Court may Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/18/2026 6:49:26 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:12542
2 WP-12644-2026 deem fit and proper in the facts and circumstances of the case, in the interest of justice."
2. Learned counsel for the petitioner submits that the petitioner is the spouse of Dr. Sudhir Wadiwa, who is presently serving as an Education Officer under the Directorate of Technical and Non-Technical Backward Welfare Education Department (DTNBWED), Ministry of Labour and Employment, Government of India, and is currently posted at Gwalior. It is submitted that the Petitioner's husband belongs to the Scheduled Tribe community and has been subjected to continuous harassment, hostile work environment and discriminatory treatment at the hands of his superior officer, Respondent No. 5, Garima Gupta Upadhyay, on account of his caste status. The said conduct has allegedly resulted in severe mental and physical distress, financial hardship and disruption of the family life of the Petitioner.
3. It is further submitted that in view of the aforesaid circumstances, the Petitioner approached the National Commission for Scheduled Tribes by way of a complaint dated 18.09.2024, which came to be registered as Case No. NCST/SER-1593/MP/538/2024-RO-BH. Pursuant thereto, the Commission issued a notice dated 04.11.2024 to the Secretary, Ministry of Labour and Employment, calling for a report and relevant information within a stipulated period. Subsequently, another notice dated 02.05.2025 was issued informing that an enquiry would be conducted and fixing a sitting on 07.05.2025, while directing the presence of the competent authority.
4. It is submitted that the Secretary, Ministry of Labour and Employment, vide communication dated 06.05.2025, informed the Commission that the matter was under consideration and that the transfer Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/18/2026 6:49:26 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:12542 3 WP-12644-2026 request of the Petitioner's husband was being examined by the competent authority in accordance with applicable rules. It was also conveyed that due to official exigencies, the Secretary would not be able to attend the proceedings, and instead, the Director General, Col. Neeraj Sharma, would appear before the Commission along with necessary records.
5. It is further submitted that during the sitting held on 07.05.2025, the Commission, upon consideration of the material on record, recorded a prima facie finding that the Petitioner's husband was subjected to caste-based harassment by Respondent No. 5. The Commission directed that appropriate action be taken against the said official and also recommended that, in view of the prevailing circumstances including the harassment faced and the residence of the Petitioner at Bhopal, the Petitioner's husband be transferred from Gwalior to Bhopal.
6. It is submitted that thereafter, the Commission, vide communication dated 03.06.2025, forwarded its findings and recommendations to the Secretary, Ministry of Labour and Employment, seeking compliance within 30 days. In response, the DTNBWED, by letter dated 20.06.2025, informed the Commission that Respondent No. 5 had been transferred. However, it is contended that the said transfer was effected at the convenience of the said officer to Indore, and the specific recommendation of the Commission to transfer the Petitioner's husband to Bhopal was not implemented, thereby defeating the purpose of the Commission's directions.
7. It is further submitted that the Petitioner thereafter submitted a representation dated 19.07.2025 before the Chairperson, NCST, highlighting Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/18/2026 6:49:26 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:12542 4 WP-12644-2026 the continued non-compliance of the Commission's recommendations and the persisting adverse service conditions affecting her husband. The Petitioner also pointed out a broader pattern of discriminatory administrative practices within the department, wherein similarly placed employees from the general category were accommodated as per their preferences, while Scheduled Caste and Scheduled Tribe employees were denied comparable consideration.
8. It is submitted that the Commission conducted a further sitting on 21.07.2025, wherein it directed the Respondents to immediately address the issue of withholding of salary and pending leave of the Petitioner's husband and to report compliance. The Commission also sought information regarding disciplinary or administrative action taken against Respondent No. 5 pursuant to its earlier findings.
9. It is further submitted that despite repeated representations dated 10.09.2025 and 15.09.2025, the Respondents failed to take effective steps in compliance with the recommendations of the Commission. The Petitioner also brought to the notice of the Commission that subsequent to the filing of the complaint, the Petitioner's husband was subjected to retaliatory administrative actions, particularly in relation to his Annual Performance Appraisal Report for the year 2024-25, which was allegedly downgraded without justification despite his consistent outstanding service record in preceding years. It is contended that such actions give rise to a reasonable apprehension of victimisation and continued discrimination. In the aforesaid circumstances, it is prayed that this Hon'ble Court may be pleased to direct Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/18/2026 6:49:26 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:12542 5 WP-12644-2026 the Respondents to forthwith implement the findings and recommendations of the National Commission for Scheduled Tribes (Annexure P/4) in their true letter and spirit within a stipulated time frame, and to grant such other reliefs as may be deemed just and proper in the facts and circumstances of the case.
10. On the other hand, learned Additional Solicitor General for the Union of India vehemently opposed the prayed and prayed for rejeciton of present petition.
11. Heard counsel for the parties and perused the record.
12. It is not in dispute that the petitioner had approached the NCST by filing a complaint alleging caste-based harassment and discriminatory treatment meted out to her husband, who belongs to the Scheduled Tribe category. Pursuant thereto, certain proceedings were conducted by the Commission and communications were issued to the respondent authorities. The petitioner has placed reliance on the recommendations of the Commission dated 07.05.2025 (Annexure P/4).
13. On a careful perusal of Annexure P/4, this Court finds that the same merely contains general observations and recommendations to the effect that appropriate action be taken against the concerned official in accordance with rules and considering the overall circumstances including the health condition of the petitioner's husband and the residence of the petitioner at Bhopal, it would be appropriate to consider his transfer to Bhopal. However, the said communication does not disclose any specific, conclusive or binding direction issued after adjudication of disputed Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/18/2026 6:49:26 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:12542 6 WP-12644-2026 questions of fact, nor it contains detailed reasons or findings based on a full- fledged enquiry.
14. It is well settled that the recommendations made by the NCST, though entitled to due weight and consideration, are not per se enforceable as binding directions in the absence of a statutory mandate, particularly when such recommendations are advisory in nature and do not culminate into a definitive adjudicatory order. In the present case, Annexure P/4, being vague and general in terms without specifying concrete particulars or issuing mandatory directions, cannot be directed to be enforced by issuance of a writ of mandamus by this Court.
15. So far as the grievance of the petitioner regarding non-compliance of the recommendations and alleged inaction on the part of the respondents is concerned, it would be appropriate for the Commission itself to take such steps as are permissible in law for ensuring compliance of its recommendations.
16. In view of the aforesaid, this Court is of the considered opinion that the present petition is misconceived and does not warrant interference in exercise of extraordinary writ jurisdiction.
17. Accordingly, the petition stands dismissed.
(MILIND RAMESH PHADKE) JUDGE ojha Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/18/2026 6:49:26 PM