Shaffique, J.
This Writ Petition is filed seeking the following reliefs:
“1. To issue a writ of certiorari calling for the originals of Exhibit P2 and to quash the same.
2. To issue a writ of certiorari calling for the originals of Exhibit P1 and to quash the same to the extent, it decided to grant financial assistance to Ayurdhara (an Ayurvedic unit) and petrol pump controlled by the 4th respondent.
3. Issue a writ of mandamus or any other appropriate writ, order or direction to the respondents to give financial assistance of Rs.2 Crores mentioned in Page No.15 of Exhibit P1 to the various scheduled caste cooperative societies and to the members of the scheduled castes and not to give anyh financial assistance from the aforementioned Rs.2 Crores to any other community.
4. In the alternative, issue a writ of mandamus or any other appropriate writ, order or direction to the 1st respondent to take a decision on Exhibit P6 at the earliest, after affording an opportunity of hearing to the petitioner and to direct respondents not to implement Exhibit P2, till a decision is taken on Exhibit P6.
5. To grant such other reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case.”
2. The petitioner has approached this Court as a pro bono publico alleging that the funds planned and alloted by the Government in terms of Exhibit P1 for various schemes for the Scheduled Caste/Scheduled Tribe for the year 2013- 14 are being utilised in a manner outside the scope of the scheme provided under Exhibit P1.
2. Facts involved in the Writ Petition would disclose that by Exhibit P1 an outlay of ₹200 lakhs was proposed to be provided as financial assistance to the Scheduled Caste Co-operative Societies. Clause 8 of Exhibit P1 reads as under:
“8. Contribution to SC/ST Federation The scheme proposes to give financial assistance to SC co-operative societies federated under SC/ST Federation. Presently 531 number of SC Co-operative societies are federated under SC/ST federation out of 832 SC co-operative societies in the state. Nearly 150 societies are functioning satisfactorily. The proposal is to assist SC co-operative societies federated under SC/ST federation to take up economic development activities on project basis. Financial assistance to “Ayurdhara' (an ayurvedic unit) and petrol pump controlleed by the Federation, expenditure for developing infrastructure for SC/ST Federation and to take up projects for improving the functioning of the Federation would also be met from this scheme.
An amount of Rs.200.00 lakh is provided for the scheme during 2013-14.”
3. The contention of the petitioner is that though such an outlay has been made clearly indicating that the said amount is to be utilised for the assistance of Scheduled Caste Co-operative Socities federated under the fourth respondent Federation, by Exhibit P2 Government order dated 26.3.2014, the Government proposed to utilise the said amount in the following manner:
“Sl.No. Item Amount
1. Procurement and marketing of Non Timber Forest Produce 100 Lakhks through ST Co-Operative Societies.
2. Enhancement of functioning of 5 Lakhs Panchakarma Centre
3. Starting 'Asavarishtom' Unit in 90 Lakhs Ambakavayal, Wayanad district
4. Annual maintenance of building of SC/ST federation 5 Lakhs Total 200 Lakhs”
4. The contention urged by the petitioner is that about ₹1 Crore is utilised for procurement and marketing of forest produce through Scheduled Tribe Co-operative Societies. This, according to the petitioner, is totally against the proposal made in Exhibit P1.
5. A counter affidavit is filed by the fourth respondent inter alia stating that it is a Federation functioning for the development of the Scheduled Castes and Scheduled Tribe communities through the affiliated Co-operative Societies. It functions based on the funds allotted by the Government from time to time.
6. No counter affidavit is filed by the Government.
Learned counsel for the petitioner submits that whatever amounts being allotted to Scheduled Caste Co-operative Socities are now diverted to another sector, which is against the proposed scheme and therefore, he prays for appropriate orders. The petitioner also submits that though a representation was submitted to the Government as Exhibit P6, no action has been taken in the matter.
7. Having regard to the aforesaid submission, we are of the view that Exhibit P1 as well as Exhibit P2 forms part of the scheme evolved by the Government in respect of Scheduled Caste/Scheduled Tribe plan funds, which are to be utilised for the purposes enunciated under the said scheme. As far as the fourth respondent is concerned, it has to utilise the funds as directed by the Government. Since the petitioner has a case that the funds allotted for the purpose of Scheduled Caste Co-operative Societies are being diverted to Scheduled Tribe Co-operative Societies, being a policy matter, it is for the Government to consider whether such deviation could be made to Exhibit P1. In the above circumstances, we are of the view that interest of justice will be served by directing the Government to consider Exhibit P6 representation and pass orders within a time frame.
Hence, we dispose of the Writ Petition directing the first respondent to consider Exhibit P6 and take appropriate decision in the matter within a period of one month from the date of receipt of a copy of this judgment. The amounts now allotted shall be spent after a decision is taken in the matter.
ASHOK BHUSHAN ACTING CHIEF JUSTICE vgs7/11/14 A.M.SHAFFIQUE JUDGE