New Delhi: The Supreme Court on Friday stayed the Madras High Court order that had struck down the Tamil Nadu government's decision to provide government jobs to relatives of people who died in the Karur stampede last year.

A bench of Justices JB Pardiwala and K Vinod Chandran issued notice to the Tamil Nadu chief secretary and other respondents while hearing a challenge to the High Court ruling.

The Supreme Court's intervention means the Madras High Court's order will remain stayed while the matter is examined further.

Supreme Court questions challenge to government policy

During the hearing, the Supreme Court questioned the petitioner who had challenged the Tamil Nadu government's decision.

The bench asked: “Who are you to question the policy of the government?”

The judges also raised a specific question about families that may have lost their only earning member in the tragedy.

“Suppose the sole member died in the tragedy, shouldn't the government give some employment to son or daughter?”

The observations came while the bench considered the government's decision to provide employment to eligible relatives of those who died in the stampede.

The court has now sought responses from the Tamil Nadu chief secretary and other parties before proceeding further with the matter.

What did the Madras High Court rule?

The case reached the Supreme Court after the Madras High Court on July 27 quashed the Tamil Nadu government's order providing government jobs to relatives of the Karur stampede victims.

A division bench of Justices CV Karthikeyan and R Sakthivel had held that the policy could result in similar demands from other families.

The High Court had observed that accepting the government's decision could “open floodgates” for comparable requests for government employment following tragedies.

The court had also expressed concern that such appointments could overlook the claims of people already waiting for compassionate appointments in government departments.

Why was the government job decision challenged?

The challenge centred on the government's decision to provide employment to relatives of people who lost their lives in the Karur stampede.

The petitioner questioned the legality and wider implications of the policy.

The Madras High Court had accepted the challenge and cancelled the government's order, prompting the Tamil Nadu government to approach the Supreme Court.

The Supreme Court has now stayed that High Court decision and sought responses from the state government and other respondents.

Why the case matters

The dispute raises questions about how governments can respond to families that lose their earning members in exceptional circumstances.

Government employment on compassionate grounds is generally intended to provide support to eligible family members of employees who die in service. The Karur case involves a different situation: the Tamil Nadu government had decided to extend employment as a form of assistance to relatives of people who died in the stampede.

The Madras High Court had focused on the potential implications of creating such an employment policy, particularly for others seeking government jobs through similar exceptional arrangements.

The Supreme Court's questions, meanwhile, indicate that the bench is examining the issue from the perspective of families that may have been left without an earning member following the tragedy.

What happens next?

The Supreme Court has issued notice to the Tamil Nadu chief secretary and other respondents.

The state's policy is therefore back before the Supreme Court for consideration after the High Court had struck it down.

The stay does not amount to a final ruling on whether the government's employment decision is legally valid. The Supreme Court will consider the responses before deciding the matter further.

The central issue is the balance between government discretion in providing relief after a tragedy and the need to maintain consistent rules for public-sector recruitment.

The Tamil Nadu government's position involves providing employment as assistance to families affected by an exceptional tragedy. The Madras High Court was concerned that allowing such appointments could create a precedent and affect the claims of people already waiting for compassionate employment.

The Supreme Court has not yet finally settled that question. Its stay only puts the High Court's decision on hold while the case proceeds.

The court's reference to a family losing its sole earning member highlights the humanitarian dimension of the dispute, while the earlier High Court ruling highlights concerns about equal access to government employment and the consequences of creating exceptions.

For now, the Tamil Nadu government's decision to provide jobs to eligible relatives of Karur stampede victims remains under consideration before the Supreme Court.