V. Karikalan v. The Joint Director Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20-09-2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM WP NO. 13503 OF 2016 V.Karikalan ..
Petitioner vs
1. The Joint Director of Collegiate Education, Office of the Joint Director of Collegiate Education, Race Course, Coimbatore - 641 018.
2. The Principal, Government Arts College, Coimbatore - 641 018.
3. The District Educational Officer, Office of the District Educational Officer, Tiruppur.
4. The Head Master, P.V.K. Naidu Higher Secondary School, Pongalur - 641 667, Tiruppur District.
.. Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the second respondent to modify the caste name of the petitioner as Hindu-Pallan instead of Hindu-Devar, which was mentioned in the Transfer Certificate of the petitioner vide Serial No.0403515 admission No.630/2002-03 dated 09.06.2005 in pursuant of Community Certificate of the petitioner, which was issued by the Tahsildar, Tiruppur.
For Petitioner : Mr.P.Saravanan For Respondents : Mr.K.M.D.Muhilan, Government Advocate.
O R D E R
The relief sought for in the present writ petition is to direct the second respondent to modify the caste name of the petitioner as Hindu-Pallan instead of Hindu-Devar, which was mentioned in the Transfer Certificate of the petitioner vide Serial No.0403515 admission No.630/2002-03 dated 09.06.2005 in pursuance of Community Certificate of the petitioner, which was issued by the Tahsildar, Tiruppur.
2. The grievance of the petitioner is that the name of the Community has been erroneously recorded in the Transfer Certificate issued by the Educational Authorities.
3. On what basis the Educational Authorities entered a particular caste in respect of the petitioner is to be ascertained by verifying the records.
4. The change of Community is to be effected cautiously as only after conducting a detailed enquiry with reference to the documents and the evidences available on record.
5. Mere change of Community is impermissible and all such changes are to be effected only by conducting a detailed enquiry and by following the procedures as contemplated and by affording an opportunity to the person, who is seeking such modifications or changes.
6. This being the procedures to be followed, the petitioner is at liberty to submit his application, along with the earlier representation, to the Competent Authority and the Competent Authority, on receipt of any such application, is directed to consider the same by conducting an enquiry and take appropriate decision on merits and in accordance with law.
7. With the above directions, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar Svn
To
1. The Joint Director of Collegiate Education, Office of the Joint Director of Collegiate Education, Race Course, Coimbatore - 641 018.
2. The Principal, Government Arts College, Coimbatore - 641 018.
3. The District Educational Officer, Office of the District Educational Officer, Tiruppur.
4. The Head Master, P.V.K. Naidu Higher Secondary School, Pongalur, Tiruppur District - 641 667.
+1cc to Mr.P.Saravanan, Advocate, S.R.No.48123 +1cc to the Government Pleader, S.R.No.48606 WP 13503 of 2016 KG(CO) PM/05/10/2021