Bombay High Court
Mumbai Ports Authority vs National Commission For Scheduled ... on 19 August, 2025
2025:BHC-OS:14346-DB
Rameshwar Dilwale 905-WPL-1449-25.doc
RAMESHWAR
LAXMAN
DILWALE
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed
by RAMESHWAR ORDINARY ORIGINAL CIVIL JURISDICTION
LAXMAN
DILWALE
Date: 2025.09.03
12:20:12 +0530 WRIT PETITION (L) NO.1449 OF 2025
Mumbai Ports Authority .. Petitioner
Vs.
National Commission for Scheduled Caste & Ors. .. Respondents
...
Mr. Anand Pai with Mr. Roop Basu, Mr. Ahmed Padela Ii/by The Law Point, Advocates for the Petitioner.
Mrs. Anjali N. Helekar (Thr. VC), Advocate for the Respondent Nos.1 and 2.
Mr. Amough Singh with Ms. Krutisha Pandey i/by Adv. Heet Patel, Advocates for the Respondent No.3.
Ms. Madhavi K. Chandurkar party present-respondent no.3.
CORAM : SHREE CHANDRASHEKHAR &
AJIT B. KADETHANKAR, JJ
DATE : 19TH AUGUST 2025.
P.C. :
{
The Mumbai Port Authority is aggrieved by the observations made by the National Commission for Scheduled Castes (for short, 'NCSC') in paragraph 6 of the Minutes of the Meeting held on 1st October 2024.
2. The paragraph no. 6 of the Minutes of the Meeting held on 1 st October 2024 reads as under:-
"6. After hearing both sides and clarification given by DoPT officials, the Hon"ble member observed and pointed that severe injustice is being caused to the petitioner and ordered that :
(i) Strictly adhere of DoPTs guidelines/instructions in matter of maintenance of reservation roster and reservation in promotion.
(ii) The reservation roster should be prepared as per DOPT guidelines
1/5
::: Uploaded on - 03/09/2025 ::: Downloaded on - 05/09/2025 22:01:20 :::
Rameshwar Dilwale 905-WPL-1449-25.doc
and it should be proper
(iii) Promotion to the post of stenographer and further to the post of PA to HOD may be given as per rules of reservation.
(iv) To Implement the order and pay arrears within the period of 30 days.
(v) MbPA to forward the roster for verification to the Ministry of Shipping."
3. The main ground to challenge the aforesaid observations by the NCSC seems to be lack of powers vested in the NCSC under Article 338 of the Constitution of India to issue any direction except as indicated under Clause (5) of Article 338.
4. Mr. Anand Pai, the learned counsel for the petitioner-MPA refers to the decision in "All India Ltd. Overseas Bank SC & ST Employees' Welfare Assn. v. Union of India & Ors." (1996) 6 SCC 606 wherein the Hon'ble Supreme Court observed that though the NCSC has powers to summon and enforce attendance of any person and such powers are essential to facilitate an investigation or an enquiry, such powers do not convert the NCSC into Civil Court. The Hon'ble Supreme Court held as under:
"5. It can be seen from a plain reading of clause (8) that the Commission has the power of the civil court for the purpose of conducting investigation contemplated in sub-clause (a) and an inquiry into a complaint referred to in sub-clause (b) of clause (5) of Article 338 of the Constitution.
6. Sub-clauses (a) to (A) of clause (8) clearly indicate the area in which the Commission may use the powers of a civil court. The Commission has the power to summon and enforce attendance of any person from any part of India and examine him on oath; it can require the discovery and production of documents, so on and so forth. All these powers are essential to facilitate an investigation or an inquiry. Such powers do not convert the Commission into civil court."
5. The learned counsel for the petitioner has also placed reliance on the decision in "Indian Institute of Technology, Delhi v. National Commission for Scheduled Castes & Scheduled Tribes and Anr." 2004 (74) DRJ 109. In this judgment, so the High Court made a similar 2/5 ::: Uploaded on - 03/09/2025 ::: Downloaded on - 05/09/2025 22:01:20 ::: Rameshwar Dilwale 905-WPL-1449-25.doc observation and held that the powers set out under Article 338 (5) of the Constitution of India are intended to safeguard the rights of the Scheduled Castes and Scheduled Tribes and to inquire into specific complaints with respect to the deprivation of rights of the Scheduled Castes and Scheduled Tribes but such jurisdiction cannot be exercised as if the NCSC has been conferred powers of the Civil Court. The Hon'ble Delhi High Court held as under:
"15. It will thus be seen from the aforesaid that it is only in specific matters that the power of civil court has been conferred on respondent No.1 Commission. This aspect has also to be examined keeping in mind the duties of the Commission set out in Article 338 (5) which has to investigate and monitor all matters relating to safeguarding the rights of the scheduled caste and scheduled tribes and to enquire into specific complaint with respect to deprivation of the rights and safeguarding. The jurisdiction is advisory in nature but it is only for the purpose of investigating of the complaint that the powers of civil court have been conferred in respect of certain matters."
6. At the outset, we may indicate that the observations made by the NCSC in its Meeting held on 1 st October 2024 do not go beyond any of the powers exercised by it such as (a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any Court or office; or (e) issuing commissions for the examination of witnesses or document. The NCSC is 3/5 ::: Uploaded on - 03/09/2025 ::: Downloaded on - 05/09/2025 22:01:20 ::: Rameshwar Dilwale 905-WPL-1449-25.doc constituted under Article 338 of the Constitution of India to investigate and monitor all matters relating to the safeguards provided for the Scheduled Castes and Scheduled Tribes under the Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards. As the records would reveal, the so called direction by the NCSC for implementing its order and to pay arrears within 30 days refers to an order passed by it on 1 st June 2023 and the said order has become final, as admitted by Mr. Anand Pai, upon instructions from the petitioner-MPA.
7. The other observations made by the Commission to the effect that (a) Mumbai Port Authority shall adhere to DOPE guidelines for maintaining the reservation roster and reservation in promotion;
(b) preparation of reservation roster as per DOPE guidelines;
(c) promotion to the post of Stenographer and further to the post of PA to HOD following the rules of reservation and (d) to forward the roster for verification to the Ministry of Shipping, nowhere touches upon any essential functions of the petitioner-MPA. Such observations by the NCSC also do not go beyond the powers conferred on it by virtue of Clause (5) of Article 338 of the Constitution of India. These observations which are construed by the petitioner-MPA as directions are only reiteration of the order dated 1st June 2023 and the guidelines. The anxiety of MPA seems to emanate from the pending contempt proceedings in this Court and the Special Leave Petition before Hon'ble Supreme Court, wherein no order of stay has been granted in its favour. However, such pendency of the cases and the purported compliance of the judgment in "M. Nagraj and others v. Union of India and Others"
4/5 ::: Uploaded on - 03/09/2025 ::: Downloaded on - 05/09/2025 22:01:20 :::Rameshwar Dilwale 905-WPL-1449-25.doc (2006) 8 SCC 212, whereafter much water has flown, cannot be a ground to lay an indirect challenge to the order dated 1 st June 2023 passed by the NCSC which has already become final.
8. Therefore, there is no merit in this writ petition and Writ Petition (L) No.1449 of 2025 is dismissed.
[AJIT B. KADETHANKAR, J.] [SHREE CHANDRASHEKHAR, J. ] 5/5 ::: Uploaded on - 03/09/2025 ::: Downloaded on - 05/09/2025 22:01:20 :::