M. Surulirajan v. The Director of School Education
2010-08-24
C.NAGAPPAN, P.R.SHIVAKUMAR
body2010
DigiLaw.ai
Judgment :- C. Nagappan, J. The petitioner has sought for issuance of a writ of Mandamus directing the fifth respondent to admit the petitioner on the basis of the Community Certificate dated 15.6.2003 issued by the Zonal Deputy Tahsildar, Thiruppuvanam, Sivagangai district in B.A. (Tamil) course for the academic year 2010-2011. 2. The case of the petitioner is that he belongs to Hindu Thuluva ‘Vellalar’ community, classified as a Backward Class and when he completed +2 course in the third respondent School, the Transfer Certificate was issued stating that he belongs to Thuluva ‘Velalar’ community. Nevertheless, it was shown as backward class community in the Transfer Certificate and he applied for B.A. (Tamil) course in the fifth respondent College and at the time of admission, the petitioner produced the Transfer Certificate issued by the third respondent School and also his Community Certificate and the fifth respondent deferred the admission on the ground that there is variation in the community mentioned in the Transfer Certificate and the Community Certificate and hence, the petitioner has filed the writ petition. 3. The learned counsel for the petitioner submits that the petitioner was issued Community Certificate dated 5.6.2003 by the Zonal Deputy Tahsildar, Thiruppuvanam, stating that he belongs to Hindu Thuluva ‘Vellalar’ community, a Backward Class, and even in the school Transfer Certificate it is mentioned that the petitioner belongs to Backward Class, but the community is mentioned as Thuluva ‘Velalar’ and the fifth respondent ought to have considered the Community Certificate for determining the community status and hence, the petitioner is entitled to the prayer sought for. The learned Special Government Pleader also admits that there is no separate community called ‘Thuluva Velalar’ and as per the entry in the Government Order regarding communities, Thuluva Vellala’ is a Backward Class community. 4. It is settled law that for determining the community status, the entry mentioned in the Community Certificate issued by the competent authority alone should be taken into consideration. A copy of the Community Certificate of the petitioner is found in page 3 of the typed set, which shows that he belongs to ‘Hindu Thuluva Vellala’, a community belonging to Backward Class as per the relevant Government Order. It is also brought to our notice that already a seat has been reserved for the petitioner in the fifth respondent College after his provisional admission.
It is also brought to our notice that already a seat has been reserved for the petitioner in the fifth respondent College after his provisional admission. The petitioner is entitled for the prayer sought for. 5. Consequently, the writ petition is allowed and the fifth respondent College is directed to admit the petitioner in B.A. (Tamil) course for the academic year 2010-2011 on the basis of the Community Certificate dated 5.6.2003, if he is otherwise eligible for admission. No costs. Consequently, MP No.1 of 2010 is closed.