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2013 DIGILAW 654 (MAD)

Sunanda Kedare v. Director, Anna University

2013-01-30

CHITRA VENKATARAMAN, R.KARUPPIAH

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Judgment Chitra Venkataraman, J. 1. The petitioner has sought for writ of mandamus to direct the respondents to consider the petitioner's son to avail all the benefits provided under the reservation for SC/ST based on the certificate properly issued by the competent authority, 'Form of Caste Certificate', vide Doc.No.D-6/43900/2007 dated 17.10.2007. 2. The petitioner herein is a native of Maharashtra. On transfer of her husband, who is a Training Officer, in the year 2001 from Mumbai to Regional Directorate of Apprentice Training, Government of India, Ministry of Labour DGE & T, New Delhi, the petitioner and her family are living in Tamil Nadu. According to her, she and her husband belonged to Scheduled Caste community (Magar) in Maharashtra State. In order to avail of the benefits available to the said community students, she applied for community certificate for her elder son to the Tahsildar, Guindy. On 17.10.2007, the Tahsildar issued the caste certificate. The petitioner's son is now studying in the first respondent – University and sought for benefits that are attached to the students belonging to the Scheduled Caste community. However, the prayer was rejected stating that the petitioner's son is not entitled to any of those benefits extended to the students of Scheduled Caste Community. The petitioner sent a representation to the first respondent, who had forwarded the same to the second respondent herein. So far no action had been taken. In the circumstances, the present Writ Petition has been filed to consider the petitioner's request to grant all the benefits attached to the reserved community. 3. In support of the claim, the petitioner had enclosed a copy of the certificate issued to the petitioner's husband that he belongs to Scheduled Caste community. Based on the status as belonging to Scheduled Caste community, the present prayer is made. 4. On notice, learned Special Government Pleader appearing for respondents 2 and 3 referred to the decision reported in (1994) 5 SCC 244 (Action Committee V. Union of India) as well as the decision reported in (2009) 15 SCC 458 (Subhash Chandra and another V. Delhi Subordinate Services Selection Board and others)and submitted that the community certificate obtained in a different State will not be of any benefit to the petitioner herein, unless the community is notified in the State falling under Scheduled Caste community. He pointed out that the decisions of the Supreme Court clearly negatived the similar claim; consequently, the prayer cannot be granted. 5. A perusal of the decision of the Apex Court reported in (2009) 15 SCC 458 (Subhash Chandra and another V. Delhi Subordinate Services Selection Board and others) shows a reference to the earlier decision reported in (1990) 3 SCC 130 (Marri Chandra Shekhar Rao V. Seth G.S. Medical College), wherein, a similar question came up for consideration. In paragraph 40, the Apex Court pointed out to the question raised in Marri Chandra case as well as to the various provisions in the Constitution of India and held that if a caste or tribe is notified in terms of Scheduled Castes Order or Scheduled Tribes Order, the same must be done in terms of Articles 341(1) and 342(1) of the Constitution of India, as the case may be. In paragraph 41, the Apex Court extracted from the decision reported in (1990) 3 SCC 130 (Marri Chandra Shekhar Rao V. Seth G.S. Medical College), which reads as under: "Marri Chandra Shekhar Rao (supra) was followed by another Constitution Bench of this Court in Action Committee (supra). The question posed therein was: Where a person belonging to a caste or tribe specified for the purposes of the Constitution to be a Scheduled Caste or a Scheduled Tribe in relation to State A migrates to State B where a caste or tribe with the same nomenclature is specified for the purposes of the Constitution to be a Scheduled Caste or a Scheduled Tribe in relation to that State B, will that person be entitled to claim the privileges and benefits admissible to persons belonging to the Scheduled Castes and/or Scheduled Tribes in State B? While interpreting Clause (1) of Articles 341 and 342, this Court held: What is important to notice is that the castes or tribes have to be specified in relation to a given State or Union Territory. That means a given caste or tribe can be a Scheduled Caste or a Scheduled Tribe in relation to the State or Union Territory for which it is specified. These are the relevant provisions with which we shall be concerned while dealing with the grievance made in this petition. " 6. That means a given caste or tribe can be a Scheduled Caste or a Scheduled Tribe in relation to the State or Union Territory for which it is specified. These are the relevant provisions with which we shall be concerned while dealing with the grievance made in this petition. " 6. Thus, the Apex Court held "Furthermore, a circular letter does not have the force of law See Punjab Water Supply and Sewerage Board, Hoshiarpur v. Ranjodh Singh and Ors. (2007) 2 SCC 491 , Para 10. Article 246 of the Constitution will, thus, have no application where law making power is not resorted to. Executive instructions contained in Article 77 and Article 162 refer to the law making power alone." 7. Thus, the Apex Court pointed out that the constitutional scheme seeks to identify the social and economic backwardness of people having regard to the State or the Union Territory as a unit. Hence, a study has to be undertaken before a section of people can be identified as being belong to the particular class or community. 8. It is stated by the learned Special Government Pleader appearing for respondents 2 and 3 that there are no such community in this part of the State like Magar as in Maharashtra to be called as belonging to Scheduled Caste Community. 9. In the background of the law declared by the Apex Court, the proper course herein for the petitioner would be to appeal to the Government for recognising their status as belonging to Scheduled Caste community. Thus, it is open to the petitioner to approach the Government for necessary relief in this regard. 10. This Writ Petition is disposed of accordingly. No costs. Consequently, M.P.No.1 of 2012 is closed.