IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.08.2010
CORAM:
THE HONOURABLE MS. JUSTICE K.B.K.VASUKI
W.P.No.10012 of 2010
and M.P.No.1 of 2010
L.Bhavanibai ... Petitioner
Vs.
1.The Government of Tamil Nadu,
Rep. by its Secretary to Government ,
Social Welfare Department,
Chennai 9.
2.The Secretary to Government,
Personnel and Administrative
Reforms Department, Chennai 9.
3.The Secretary to Government,
Backward and Most Backward
Welfare Department, Chennai 9.
4.The Special Commissioner and Commissioner,
Employment and Training Department,
Guindy, Chennai 600 032.
5.The Chairman,
Teachers Recruitment Board,
College Road, Chennai 6. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus, directing the respondents 1 to 3 to consider the claim of the petitioner, requesting order of priority in the recruitment for the post of B.T. Assistant in the Government/Middle/High/Higher Secondary Schools 2009-2010, through employment registration seniority and subsequent recruitment for inter-caste marriage on the basis of the judgment of this Hon'ble Court passed in W.A.No.2182/2000 dated 01.02.2010 and the representation of the petitioner dated 05.01.2010.
For Petitioners : Mr.S.N.Ravichandran
For Respondents : Mr.V.Viswanathan,
Additional Government Pleader.
O R D E R
On consent, the writ petition is taken up for final hearing.
2. The writ petition is filed for issuing appropriate direction to the respondents 1 to 3 to consider the petitioner’s claim in the matter of recruitment for the post of B.T. Assistant in the Government/ Middle/High/Higher Secondary Schools 2009-2010 on the basis of registration seniority in the employment exchange and on the ground of inter-caste marriage of the petitioner belonging to the backward community with that of person belonging to the Most Back ward community, in the light of the order passed the judgment of this Court dated 01.02.2010 in W.A.No.2182 of 2010.
3.The petitioner herein belongs to Backward Class and she was married to one Thiru.P.Jegan @ Jeganathan belonging to Vanniyakula Sshatriya classified as Most Backward Class. Though the petitioner possesses well educational qualification i.e., M.A., M.Ed., and registered her name in the District Employment Exchange, Vellore as early as on 1993, till date she is unable to get any appointment through employment exchange. More than once she was unsuccessfully sponsored through employment exchange. While so, during December 2009, her name was sponsored for appointment as against the quota for Backward class. The petitioner approached the respondents 1 to 3 along with her detailed representation on 05.01.2010 for considering her claim for appointment to any one of the vacancies of B.T. Assistant by giving her priority by reason of her inter-caste marriage. The petitioner has also in her representation dated 05.01.2010 raised other grievances and has also cited the judgment of our High Court dated 10.03.1983 made in W.A.No.2777/1981 K.S.Ameena Shapir Vs. The State of Tamil Nadu reported in 1983 MLJ 237 in support of her claim that the benefits given to the children born out of inter-caste marriage in G.O.Ms.No.477, Social Welfare Department, dated 27.06.1975 be extended to the spouses of inter-caste marriage belonging to Backward and Most Backward community respectively. The learned counsel for the petitioner has also in the course of hearing today cited another judgment reported in 2010 Writ L.R. 242 in The Tahsildar, Taluk Office, Thanjavur & others Vs. V.Arivudai Senthil and two others, involving identical issue as to whether G.O.Ms.No.477, Social Welfare Department, dated 27.06.1975 is applicable to the respondents, who are children born out of inter-caste marriage between the parents belonging to Backward and Most Backward Class. Though the Honourable Division Bench has in the judgment above cited filed by the official appellants allowed the appeal there by negatived the claim of the writ petitioners therein, the Honourable High Court was while doing so pleased to observe that, when the Government order covers inter-caste marriage between the persons of Backward Class and Forward Class, then there cannot be any reason for not extending the benefits of the Government Order to the children born out of inter-caste marriage between Backward and Most Backward Class. Our High Court is further pleased to recommend the Government to consider removal of the said anomaly objectively and to take appropriate steps. Basing on such observation made by our High Court, the petitioner is now coming forward with her present claim in the writ petition. Though this Court finds the petitioner’s claim bono fide the same cannot be effectively considered herein. It is for the State Government to pass appropriate Government Order covering the persons who are parties or to the children born out of inter-caste marriage between Backward and Most Back ward Community.
4. As a matter of fact the petitioner has already given a detailed representation to the respondents 1 to 3, who are the competent authorities in this regard. The learned counsel appearing for the petitioner has also, in the course of hearing submitted that the petitioner will be satisfied, if the respondents are directed to consider the petitioner’s representation dated 05.01.2010, in the light of the observation made by our High Court in the judgments cited on the side of the petitioner. This Court does not find any hesitation to consider such request.
5. In the result, the respondents 1 to 3 are directed to consider and dispose of the representation of the petitioner dated 05.01.2010, in the light of the grievance raised by in her representation and in the light of the observation of the Division Bench judgment of this Court reported in 2010 Writ L.R. 242 in The Tahsildar, Taluk Office, Thanjavur & others Vs. V.Arivudai Senthil and two others. The petitioner is directed to send a copy of the representation afresh along with the copies of the judgment referred to above and any other documents in support of her claim within two weeks from the date of receipt of copy of this order. The first respondent is directed to consider the petitioner’s representation dated 05.01.2010 and any further representation if made, in the light of the observation made above within eight weeks thereafter. With these observations, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
02.08.2010
Index : yes/No
Internet : yes/No
vsm
To
1.The Secretary,
Government of Tamil Nadu,
Social Welfare Department,
Chennai 9.
2.The Secretary,
Government of Tamil Nadu,
Personnel and Administrative
Reforms Department, Chennai 9.
3.The Secretary,
Government of Tamil Nadu,
Backward and Most Backward
Welfare Department, Chennai 9.
4.The Special Commissioner and Commissioner,
Employment and Training Department,
Guindy, Chennai 600 032.
5.The Chairman,
Teachers Recruitment Board,
College Road, Chennai 6.
K.B.K.VASUKI, J.
vsm
W.P.No.10012 of 2010
02.08.2010