Madras High Court
C.Raja vs The Chief Secretary To Government on 21 January, 2021
WP.No.1246 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.01.2021
CORAM :
The Hon'ble Mr.SANJIB BANERJEE, THE CHIEF JUSTICE
AND
The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.No.1246 of 2021
and W.M.P.Nos.1395 and 1396 of 2021
C.Raja .. Petitioner
-vs-
1.The Chief Secretary to Government,
Government of Tamil Nadu,
Secretariat, Fort St. George,
Chennai 600 009.
2.The Principal Secretary/Secretary-I
To the Hon'ble Chief Minister,
Government of Tamil Nadu,
Secretariat, Fort St. George,
Chennai 600 009.
3.The Principal Secretary to Government,
BC, MBC & Minorities Welfare Dept.,
Government of Tamil Nadu,
Secretariat, Fort St. George,
Chennai 600 009.
4.The Chairman,
Tamil Nadu Backward Classes Commission,
212, R.K.Mutt Road, Mylapore,
Chennai 600 004.
Page 1 of 6
https://www.mhc.tn.gov.in/judis/
WP.No.1246 of 2021
5.The Chairman,
Commission for Collection of
Quantifiable Date on Castes,
Communities and Tribes for Tamil Nadu,
NCB 7, Greenways Road, Chennai 600 028. .. Respondents
Petition filed under Article 226 of the Constitution of India
praying for issue of Writ of Certiorarified Mandamus to call for the
records of the impugned order in G.O.Ms.No.99, Backward Classes,
Most Backward Classes, Minorities (BCC) department dated
21.12.2020 issued by the 3rd Respondent and quash the same insofar
as it prescribes an outer limit of six months for the submission of the
report by the 5th Respondent Commission and consequently direct the
Respondents to not grant internal caste based reservation to any
particular caste in the quota reserved for the Most Backward
Communities and to carry out a fair, detailed and thorough survey of
the various castes and tribes in the State of Tamil Nadu and submit a
detailed report on the same within a reasonable period of time.
For Petitioner : Mr.Siddartha Dave
For Respondents : Mr.Vijay Narayan,
Advocate General
Assisted by
Mr.V.Jayaprakash Narayanan
State Government Pleader
for RR 1 to 3
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WP.No.1246 of 2021
ORDER
(Made by The Hon'ble Chief Justice)
The writ petition challenges the very constitution of a
Committee, headed by a retired Judge of this Court, to ascertain
certain details pertaining to reservation within the Most Backward
Communities.
2.According to the petition, the exercise is unnecessary
particularly since there is a constitutional framework for undertaking
such a study under Article 340 of the Constitution. The petitioner also
suggests that the parameters of any study have been delineated in
Supreme Court judgments and the Committee should adhere to the
same.
3.On behalf of the State, learned Advocate-General points out
that by an order of August 27, 2020, the Supreme Court has referred
the issue as to whether there can be further reservation within a
reserved class to a seven-judge Bench and the matter has not been
taken up by the larger Bench.
https://www.mhc.tn.gov.in/judis/
WP.No.1246 of 2021
4.It appears that the writ petition may be premature. Though
the underlying submission is that there must be some mischief afoot in
forming this Commission at this stage and mandating six months for
the Commission to return its report, it will be open to writ petitioner to
challenge the report that the Commission files upon the acceptance
thereof and at the stage of implementation, if any. A quia timet action
in the present form in the field of administrative law may not be
permissible, particularly since there is no certainty as to what the
Committee or Commission may report.
Accordingly, the writ petition, W.P.No.1246 of 2021, is dismissed
as premature without prejudicing the rights of the petitioner to
canvass all available grounds at the appropriate stage. There will be
no order as to costs. Consequently, W.M.P.Nos.1395 and 1396 of
2021 are closed.
(S.B., CJ.) (S.K.R., J.)
21.01.2021
Index : Yes/No
sra
https://www.mhc.tn.gov.in/judis/
WP.No.1246 of 2021
To
1.The Chief Secretary to Government,
Government of Tamil Nadu,
Secretariat, Fort St. George,
Chennai 600 009.
2.The Principal Secretary/Secretary-I
To the Hon'ble Chief Minister,
Government of Tamil Nadu,
Secretariat, Fort St. George,
Chennai 600 009.
3.The Principal Secretary to Government,
BC, MBC & Minorities Welfare Dept.,
Government of Tamil Nadu,
Secretariat, Fort St. George,
Chennai 600 009.
4.The Chairman,
Tamil Nadu Backward Classes Commission,
212, R.K.Mutt Road, Mylapore,
Chennai 600 004.
5.The Chairman,
Commission for Collection of
Quantifiable Date on Castes,
Communities and Tribes for Tamil Nadu,
NCB 7, Greenways Road, Chennai 600 028.
https://www.mhc.tn.gov.in/judis/
WP.No.1246 of 2021
The Hon'ble Chief Justice
and
Senthilkumar Ramamoorthy, J.
(sra)
W.P.No.1246 of 2021
21.01.2021
https://www.mhc.tn.gov.in/judis/
