The Madras High Court has observed that Mandamus cannot be issued by the Court to direct an Executive to bestow a particular award upon a person.
The Division Bench of Chief Justice Sanjay V. Gangapurwala and Justice C. Kumarappan disposed of a petition seeking a direction against the respondents to issue the highest award of Bharath Rathna to former Chief Minister of Tamil Nadu late Kalaignar Karunanithi
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Jeya Rani counsel for the petitioner submits that the petitioner does not belong to any political party nor has any political affiliation. Considering the work done by late Kalaignar Karunanithi, he deserves to be awarded the highest civilian award of the country i.e. “Bharath Rathna”.
Additional Solicitor General of India contended that the Apex Court in the case of Balaji Raghavan and others vs. Union of India, reported in AIR 1996 SC 770, has directed that no award shall be conferred except on recommendations of National Committee.
“Mandamus cannot be issued by the Court to direct an Executive to bestow a particular award upon a person. It would be beyond the realm of Article 226 of the Constitution of India and also the Judgment of the Apex Court in the case of Amitabh Thakur and others vs. Union of India, reported in 2014 (2) ALJ 260”.
In the light of that, the Court held that the request of the petitioner, under Article 226 of the Constitution of India, cannot be considered.
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