S. Poongodi v. Secretary to Government, Human Resources Department, Secretariat, Chennai
2022-07-27
D.KRISHNAKUMAR
body2022
DigiLaw.ai
JUDGMENT (Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to relax the conditions imposed in para 4 (iii) G.O.(Ms). NO.82, Human Resources (S) department, dated 16.08.2021, by taking into account of the peculiar fact that the petitioner was enslaved as Bonded Child Labour and because of which she could not pursue regular stream of education from 1 to VII standard and thereby direct the respondents to exempt the petitioner from producing PSTM certificate from I to VII standard under regular stream and thereby consider the application of the petitioner bearing registration No.3501004094, under 20% PSTM quota, for Group II examination conducted by the third respondent vide Notification No.03/2022 dated 23.02.2022, and to the subsequent recruitments to be conducted by the third respondent by considering the representation of the petitioner dated 17.04.2022 to the respondents.) Seeking a direction to the respondents to relax the conditions imposed in para 4 (iii) G.O.(Ms). No.82, Human Resources (S) department, dated 16.08.2021, by taking into account the peculiar fact that the petitioner was enslaved as Bonded Child Labour and because of which she could not pursue regular stream of education from 1 to VII standard and thereby direct the respondents to exempt the petitioner from producing PSTM certificate from I to VII standard under regular stream and thereby consider the application of the petitioner bearing registration No.3501004094, under 20% PSTM quota, for Group II examination conducted by the third respondent vide Notification No.03/2022 dated 23.02.2022, and to the subsequent recruitments to be conducted by the third respondent by considering the representation of the petitioner dated 17.04.2022, the present writ petition has been filed. 2. It is the case of the petitioner that she hails from poor socio-economic strata of the society and due to poverty, she was taken as bonded child labour in the handloom (silk) industry from 1995 and subsequently she was rescued from enslavement at the age of 13 vide proceedings in Na.Ka.No.1103/2003 dated 25.02.2003. On the basis of the petitioner-s private education in Arivoli Iyakkam, she was directly admitted in VIII standard in regular stream in Tamil medium and continued her studies in regular stream of education. The petitioner also pursued her B.Sc Degree in Tamil medium.
On the basis of the petitioner-s private education in Arivoli Iyakkam, she was directly admitted in VIII standard in regular stream in Tamil medium and continued her studies in regular stream of education. The petitioner also pursued her B.Sc Degree in Tamil medium. The petitioner also got selected in Group IV examination conducted by Tamil Nadu Public Service Commission and appointed as Typist vide order dated 18.09.2017. Subsequently, when applications were called for Group II posts, the petitioner could not apply under PSTM quota as she has not studied upto VII standard in regular stream. In such circumstances, the petitioner made a detailed representation dated 17.04.2022 to the respondents. Since no action is forthcoming, the present writ petition has been filed. 3. Mr.T.Arunkumar, learned Additional Government Pleader accepts notice on behalf of respondents 1 and 2. Mr.V.Govardhanan, learned counsel accepts notice on behalf of the third respondent. 4. Learned counsel for the petitioner submitted that unless the studies pursued by the petitioner upto VII standard is approved by relaxing G.O.Ms.No.82 Human Resources (S) Department dated 16.08.2021, the petitioner cannot apply under 20% PSTM quota, which is a social welfare legislation and necessary direction be issued to the respondents to consider the case of the petitioner. 5. Considering the submission made by the learned counsel for the petitioner, without expressing anything on the merits of the matter, this Court directs the first respondent to consider the representation dated 17.04.2022 and pass appropriate orders on its own merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. This writ petition stands disposed of accordingly. No costs. W.M.P.No. 18337 of 2022 is closed.