‘Who are you to question policy?’: Supreme Court on jobs for Tamil Nadu stampede victims

“Who are you to question the policy of the government, saying no employment should be given? Suppose the sole earning member has died in the stampede and there is nobody else in the family who is earning, shouldn’t the government give some employment to the son or daughter or wife as per their educational [qualification]?” the judge added.

Justice Pardiwala was presiding over a two-judge bench.

‘Don’t bring politics here’

Representing Tamil Nadu, Senior Advocate A M Singhvi wondered how the High Court could interfere if the state government wanted to grant compassionate appointments to the victims’ families as a policy decision under Article 162.

The counsel representing a respondent said there is a conflict of interest in Tamil Nadu’s decision, as the political party allegedly under scrutiny for the stampede is ruling the state.

To his submission that he was representing a political party, Justice K Vinod Chandran remarked, “Don’t bring politics here”.

What Madras High Court said

On July 27, the Madras High Court struck down the Tamil Nadu Government’s decision to give jobs to the families of the 41 victims, holding that it violated Articles 14 and 16, which guarantee equality before law and equal opportunity in public employment.

The court said the state could not use its executive powers under Article 162 to bypass these constitutional limits. “If executive action were to be left unfettered and given free hand, chaos will reign,” it said.

The court also noted that compassionate appointments are governed by established rules and waiting lists, and granting jobs outside this framework would be unfair to families already awaiting consideration. It also warned that such appointments could trigger similar demands after other accidents.

Instead, the court suggested that the government support the affected families through technical education, entrepreneurship, and skill development, saying this could help create “leaders, entrepreneurs, self-sufficient individuals.”

The stampede, which killed 41 people during a TVK rally last year, is being investigated by the Central Bureau of Investigation (CBI) following a Supreme Court order in October 2025.