The High Court took note of the fact that the Government had taken a policy decision to remodel “Moovalur Ramamirtham Ammaiyar Memorial Marriage Assistance Scheme” into “Moovalur Ramamirtham Ammaiyar Higher Education Assurance Scheme” in order to enhance women empowerment.
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Perilous For Courts To Test Utility Of Govt. Policy: Madras High Court Sets Aside Order Granting Benefit Under Repealed Marriage Assistance Scheme
The High Court took note of the fact that the Government had taken a policy decision to remodel “Moovalur Ramamirtham Ammaiyar Memorial Marriage Assistance Scheme” into “Moovalur Ramamirtham Ammaiyar Higher Education Assurance Scheme” in order to enhance women empowerment.
ByTulip Kanth|30 Mar 2026 4:30 PM
Chief Justice Sushrut Arvind Dharmadhikari, Justice G. Arul Murugan, Madras HC
While setting aside an order whereby the State Government was directed to release 8 grams of gold and deposit a sum of Rs 50,000 to a woman’s account by granting her the benefit under a Marriage Assistance Scheme which was remodelled later, the Madras High Court has held that it would be perilous if Courts are asked to test the utility, beneficial effect of the policy or its appraisal based on facts set out in affidavit.
The High Court took note of the fact that the Government had taken a policy decision to remodel “Moovalur Ramamirtham Ammaiyar Memorial Marriage Assistance Scheme” into “Moovalur Ramamirtham Ammaiyar Higher Education Assurance Scheme” in order to enhance women empowerment.
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The Division Bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan stated, “Any policy formed by the Government is based on consideration of various factors and law, including constraints based on its resources. It is also based on expert opinion. It would be perilous if courts are asked to test the utility, beneficial effect of the policy or its appraisal based on facts set out in affidavits. The Court should dissuade from entering into this fiefdom which belongs to the executive.”
Advocate General P.S.Raman represented the Petitioner while Advocate A.Suresh Sakthi Murugan represented the Respondent.
Factual Background
The respondent had submitted an application under the “Moovalur Ramamirtham Ammaiyar Memorial Marriage Assistance Scheme” seeking to avail the benefits. The respondent sent a representation and the District Social Welfare Officer informed her that the benefits of the said scheme could not be extended to the respondent, as the said Scheme was restructured as “Moovalur Ramamirtham Ammaiyar Higher Education Assurance Scheme”. Seeking quashment of the said order, the respondent filed the writ petition. The respondent herein also sought a consequential direction to the appellant authorities to provide the welfare fund of Rs.50,000 and 8 gram gold coin.
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The Single Bench had held that the petitioner was not extended the benefit of the scheme due to the lethargic and inaction on the part of the revenue authorities. The State Govt was directed to give or release 8 grams of gold and deposit a sum of Rs.50,000 to the account of the petitioner. Aggrieved thereby, the State filed an appeal.
Reasoning
The Bench took note of the fact that the respondent had not challenged the decision taken by the government to restructure the scheme. On a perusal of the facts of the case, the Bench noticed that the Government had taken a policy decision to remodel “Moovalur Ramamirtham Ammaiyar Memorial Marriage Assistance Scheme” into “Moovalur Ramamirtham Ammaiyar Higher Education Assurance Scheme” considering the low enrollment ratio of girl students from government schools in higher education and, according to the government, such policy decision was taken in order to enhance women empowerment.
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The Bench took note of the fact that nothing was placed on record by the respondent to sh
[30/03, 17:29] Meta AI: The Madras High Court has set aside an order granting benefits under a repealed Marriage Assistance Scheme, stating it’s perilous for courts to test the utility of government policies. The court noted the government’s policy decision to remodel the scheme into a Higher Education Assurance Scheme aimed at enhancing women empowerment [1][2][3].
The respondent had applied for benefits under the original scheme, but it was restructured before approval. The Single Bench had directed the state to release benefits, but the Division Bench overturned this, citing the government’s policy decision and lack of challenge from the respondent.
The court emphasized that policy decisions are based on various factors, including resource constraints and expert opinions, and courts should avoid testing their utility or beneficial effect.
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