A 50 year old lady, an agricultural labourer from Thiruppeyar Thakka Village contacted me a year ago to unveil her frustration over failure to get Financial Assistance from Tamil Nadu Government in spite of being eligible to get the said Social Welfare Scheme. She had to run pillar to post, from block level officers to district level but did not get any relief, except the word of “your application got rejected and nothing can be done now”.
She had applied for a scheme named “MOOVALUR RAMAMIRTHAM AMMAIYAR NINAIVU MARRIAGE ASSISTANCE SCHEME”. This scheme is meant for providing financial assistance to poor parents to help them in getting their daughters married and to promote the educational status of poor girls. Hence, the main criteria for availing this scheme is that the bride should have been completed 18 years at the time of marriage and studied at least till 10th Standard for availing Rs.25000/- cash and 4 gram of gold coin or in case the bride has done Graduation, her parents would be entitled to get Rs.50,000 along with 4 gram gold coin.
Application through online mode
She had applied for the above-said scheme via online, a day before her daughter’s marriage through an e-service centre run by Co-operative Society. She handed over all the documents of her daughter’s photograph, Identity Proof, School Transfer Certificate, Mark Sheets, Family Income Certificate, and Community Certificate to the computer operator who fills and uploads all these documents to complete the application. However, he returned back the 10th & 12th standard’s mark sheets stating that there is no need to upload these documents as the School Transfer Certificate of 12th Standard is more than enough for education proof. Therefore, he refused to upload mark sheets.
Repeated Petitions made
After a couple of months, she went to the Block Development Office to inquire into the status. The officer out there told her that it is under process and will take some time. Then, a few days later she approached District Collectorate office, there she came to know that, uploading of mark sheet is compulsory. Then she gave the copy of mark sheet to the officer at the Social Welfare Department. However, she has not issued a receipt for the same. Then she waited for months, still there was no response and then she made several petitions to the district administration but again she got no response to any of those petitions. Almost, a year has gone like this.
RTI applications
When she narrated all these things to me in the month of November, 2016, I suggested her to file RTI petition seeking the status of her online application and I myself drafted & sent to District Social Welfare Department. For that, they replied on 29-12-2016, stating that “your online application did not have any document to prove educational qualification of the bride. Hence, has been rejected on that ground”. But, in reality, the applicant had uploaded her daughter’s 12th Std’s School Transfer Certificate. And this information has been concealed by the said public information officer. Then stating this, a letter dated 23-01-2017 has been sent to the concerned District Welfare Officer. However, it did not elicit any response, therefore, the applicant made several direct representations to the concerned office yet again, but did not get any constructive response. Therefore, I drafted another RTI application dated 04-05-2017 for her, this time sought a copy of the online application along with documents uploaded with that application. To that, the applicant got the print out copy of all those documents which were uploaded on 01-04-2015, (the application date) and from that, we found the 12th Standard School Transfer Certificate (12th Passing Certificate) as well.
On the strength of this evidence, I escalated this issue to the District Collector through a registered post letter dated 26-06-2017 and a copy of that letter was sent to District Welfare Officer as well. However, there was no response from anybody.
Therefore, on 07-08-2017, I went along with the applicant to the District Welfare Office with RTI replies and letters and other documents including original mark sheets of applicant’s daughter.
Locus Standi of an Advocate Questioned
When I started to put applicant’s side of the story, the District Welfare Officer stopped me and questioned my locus standi. Upon stating that I am a licensed advocate, she (the officer) stated that “advocates are supposed to argue only in the court”. For that, I clarified her by stating that, “I have taken the oath to uphold the Constitution of India and Rule of Law, therefore, it is my professional duty to fight for the rule of law and justice irrespective of whether it is a court or any place for that matter”.
Then I put across my points ranging from ignorance of law, legitimate expectation, eligibility criteria, purpose of rules & regulation and exercise of discretion in following ways:-
1. Ignorance
Firstly, it was not applicant’s mistake rather the computer operators’, who refused to scan 10th & 12th Standard Mark Sheets of the applicant’s daughter stating that 12th School Transfer Certificate is enough to prove educational qualification. The applicant is an uneducated woman and had no exact knowledge about the document required for the said scheme, therefore acted as per advice tendered to her by the computer operator.
2. Legitimate Expectation
Secondly, the applicant has uploaded the 12th Standard’s School Transfer Certificate issued by Directorate of School Education of Tamil Nadu Government, which is in itself is a proof to show that the applicant’s daughter is 12th passed. Therefore, prima facie there should be no doubt over the educational qualification of the applicant’s daughter. Therefore, it is legitimate, reasonable and prudent to presume that the applicant has submitted an academic document of her daughter at the time of making an online application.
Even if there is any doubt arises, then also the officer is always welcome to seek the original academic documents including mark sheets any time from the applicant.
3. Eligibility Criteria
Thirdly, the applicant has all the qualification as per the requirement of Marriage assistance scheme. She is from Most Backward Class, her annual family income is only Rs.50, 000/-, her daughter is above 18 years old at the time of application and has passed 12th Standard from the Government School.
Rules and Regulations are there for advancing Social Welfare
Fourthly, I concluded my argument by stating that, one should not search reason or rules in the strict sense for rejecting social welfare benefits to the needy and deserving people. After all, rules and regulations are there for extending social welfare schemes to the maximum deserving people. Therefore, merely quoting technical reasons like: “the failure to upload mark sheet at the time of making online application” cannot be a reason enough to reject the social welfare scheme, which is meant for poor and weaker sections of the society.
4. Exercise of discretion
And finally, I humbly requested the officer, if she could exercise her discretion to approve the application on the basis of School Leaving Certificate of 12th Standard and upon seeing the original Mark Sheets. For that, she observed that “I cannot do that, as I need to answer during audit”. For that, I suggested her that, “you can always make special remark by stating the above-said circumstances in the said file noting”. However, she chose to reject my suggestion by stating that, “it does not work like this”.
In spite of hearing these arguments, the Social Welfare Officer did not change her stand of rejecting the application of marriage assistance scheme on the ground of failure to submit mark sheet by showing the rule book for the said scheme. Therefore, on the same day, we had sent a letter to the District Collector stating all these grounds.
Letter from the Officer
To our surprise, on 11-08-2017, the applicant got a letter from the District Social Welfare Officer, stating that her application for marriage assistance scheme has been forwarded to the Director of Social Welfare Department, Chennai for seeking special approval, stating the applicant failed to attach mark sheet and uploaded only School Leaving Certificate at the time of application.
However, till date, there is no information from the Social Welfare Department, Chennai or Villupuram. I am planning to visit the office of the Director of Social Welfare Department shortly regarding this issue. Hoping for the good news!!!
Due to lack of proper publicity of the schemes and the government officer’s attitude of quoting rulebook for finding fault in the application in order to reject applications are making things difficult for rural poor and therefore, welfare schemes are not able to reach to those who are in need, thereby they are being denied, Justice.