‘Don’t come to court to dispose representation’

Noting that litigants have to first establish their legal right, Justice S M Subramanian, on cautioning the judges in this regard said, “Judicial creation of cause of action by entertaining such prayers is certainly impermissible and litigants shall not be permitted to seek such directions for the purpose of re-opening cause, which were already either dead or the litigants had slept over their rights.”

“This ‘dispose of the representation’ mantra is increasingly permeating the judicial process in high courts and tribunals. Such orders may make for an either quick or easy disposal of cases in overburdened adjudicatory institutions. But they do no service to the cause of justice. The litigant is back again before the court, having incurred attendant costs and suffered delays of legal process, he added.

Also, noting that this would have been obviated by calling for a counter, in the first instance, thereby resulting in finality to the dispute, Justice Subramaniam said, “This being the essential criteria’s and ingredients to be ascertained and followed by Constitutional courts, this court is on an undoubted opinion that direction to consider the representation or dispose of the same, can never be granted either in a routine or mechanical manner without ascertaining the facts, grievances and other legal issued involved with reference to the prayer sought for.”

Justice Subramaniam made these observations while dismissing a petition moved by A Fareetha Banu seeking for a direction to the Secretary, Health and Family Welfare Department, Director of Medical and Rural Health and Director of Medical Education to dispose her representation dated November 14, 2018, seeking to include her name in the panel for promotion.

However, Justice Subramaniam on noting that the present case is one such case, where the representation itself is vague and clear with reference to the relief sought, said, “If at all the petitioner is aggrieved, she is at liberty to approach the authorities competent with clear details and with specific facts and circumstances.”