Union Of India, v. The Pondicherry Scheduled
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.06.2015
CORAM:
THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.A. No.878 of 2015 and M.P. No.1 of 2015 Union of India represented by the Government of Puducherry through its Chief Secretary Chief Secretariat Puducherry 605 001 The Secretary Department of Education Chief Secretariat Puducherry 605 001 The Centralized Admission Committee (CENTAC) Puducherry Engineering College Campus Pillaichavadi Puducherry 605 014 The District Collector O/o the District Collectorate Revenue Complex Saram, Puducherry 605 013 Appellants Vs.
The Pondicherry Scheduled Caste People's Welfare Association (Regn. No.456 of 2002) represented by its General Secretary No.5, II Street, Thirubuvanai Chinnapet Puducherry 605 107 Respondent Writ Appeal filed under Clause 15 of the Letters Patent challenging the order dated 11.06.2015 passed in W.P. No.16471 of 2015. Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to
extend to the children of the scheduled caste members of the petitioner who have settled in Pondicherry between 1964 and 1995 and having 'migrant' Scheduled Caste certificates, the benefit of reservation in admission to professional and other courses of higher education pursuant to the issuance of the G.O.No.27 dated 01.04.2015 by the 1st respondent, as published in the Gazette of Puducherry dated 02.04.2015.
For appellants Mrs. N. Mala Addl. Govt. Pleader, (Puducherry) For respondent M/s. Anna Mathew for M/s. S. Meenakshi
JUDGMENT
(Judgment of the Court was delivered by SATISH K. AGNIHOTRI, J.) The Government of Puducherry has come up with the instant intraCourt appeal impugning the order dated 11.06.2015 passed by the learned Single Judge in W.P. No.16471 of 2015. The learned Single Judge, considering the issue involved in the writ petition, disposed of the writ petition, with a direction, inter alia, to the first appellant to consider the respondent's representation dated 05.02.2015 on merits and in accordance with law, after providing an opportunity of personal hearing to an authorised representative of the respondent association and pass appropriate orders.
We are informed that a fresh representation was made thereafter on 15/16.06.2015, which was duly considered and an order was passed on 17.06.2015.
In view of the foregoing, the instant appeal has become infructuous. Further, it is well settled that no issue can be decided in vacuum for want of facts.
Thus, this writ appeal is dismissed, leaving the question of law open to be decided in an appropriate case. Costs made easy. Connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar cad
To The Chief Secretary Government of Puducherry Chief Secretariat Puducherry 605 001 The Secretary Department of Education Chief Secretariat Puducherry 605 001 The Centralized Admission Committee (CENTAC) Puducherry Engineering College Campus Pillaichavadi Puducherry 605 014 The District Collector O/o the District Collectorate Revenue Complex Saram, Puducherry 605 013 + 1 cc to M/s. S. Meenakshi, Advocate Sr.31665 W.A. No.878 of 2015 SAI(CO) Eu 08.07.15