Farzana.F v. The Principal Secretary To The Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR and W.M.P.No.5671 of 2022 Farzana F.

... Petitioner Vs.

1.The Principal Secretary to the Government, (P & AR Department), Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

2.The Principal Secretary to the Government, Backward Classes, Most Backward Classes and Minorities Welfare Department, Fort St. George, Chennai - 600 009.

3.The Chairman, Tamil Nadu Public Service Commission, TNPSC Road, VOC Nagar, Park Town, Chennai - 600 003.

4.The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, VOC Nagar, Park Town, Chennai - 600 003.

5.Zonal Deputy Tahsildar-1, Pallavaram, Chennai - 600 043.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records of the 5th respondent relating to Transaction reference No.TNTACKPM03863740 in Application Number TN-520211110437, dated 10.11.2021 rejecting the request of the petitioners and to quash the same and consequently direct the 5th respondent to issue a duplicate / fresh Community Certificate to the petitioner as belonging to "BC Muslim Labbai". For Petitioner :

Mr.Akhil Akbar Ali for M/s.Akhil Akbar Ali Associates For R1, R2 & R5 :

Mrs.S.Anitha Special Government Pleader For R3 & R4 :

Mrs.G.Hema

O R D E R

(Order of the Court was made by S.S. SUNDAR, J.) This writ petition is filed for issuance of a Writ of Certiorarified Mandamus to call for the records of the 5th respondent relating to Transaction Reference No.TNTACKPM03863740 in Application Number TN-520211110437, dated 10.11.2021, rejecting the request of the petitioner, and to quash the same and consequently direct the 5th respondent to issue a duplicate/fresh Community Certificate to the petitioner as belonging to "BC Muslim Labbai".

2.The petitioner has stated in her affidavit that she was born to Hindu parents and in the Nadar Community in the year 1989 and was named Deepika. The petitioner was given a Community Certificate dated 23.06.2006 by the Zonal Deputy Tahsildar, Tambaram, showing her community status as Hindu Nadar. After completion of School education and College education, the petitioner appears to have completed a degree in B.Sc.(Maths) in the year 2009. It is the case of the petitioner that, at the age of 23, she converted to Islam under her own volition and desire. After

conversion, she applied to the 5th respondent for Community Certificate declaring that the petitioner belongs to Backward Class - Muslim Labbai, by application dated 10.11.2021. The 5th respondent rejected the same with an observation that the petitioner was converted to Islam and not approved for BC Muslim Labbai. The case of the petitioner is that, either as a person belonging to Hindu Nadar Community or a person converted to Muslim Labbai, the petitioner's community status remains as Backward Class. The grievance of the petitioner is that, in the absence of Community Certificate, the petitioner is put to great hardship.

3.The application submitted by the petitioner is to declare her community status as BC Muslim Labbai. Question whether the petitioner is entitled to such a declaration based on conversion has to be answered. The 5th respondent ought to have given proper reasons for rejecting the application submitted by the petitioner. From the order impugned, in the 'Remarks' Column, it is seen that the petitioner was converted from Hindu to Muslim and therefore, it is stated that she cannot be given a certificate as she belongs to BC Muslim Labbai. Before passing an order rejecting the

application of the petitioner, the petitioner should have been given an opportunity of being heard. No opportunity is given to the petitioner at any point of time. The reason stated in the impugned order does not reveal application of mind. There is no reference to any Rule or Regulation or Government Order while rejecting the application. 4.The 1st respondent has filed a counter affidavit pointing out that the order impugned is not an order passed by the 1st respondent and therefore, the 1st respondent is unnecessarily impleaded. Further, it is stated that the 1st respondent who is not in a position to give any relief to the petitioner need not to be impleaded in the present writ petition.

The 2nd respondent namely, the Secretary to Government, Backward Classes, Most Backward Classes and Minorities Welfare Department, has filed a counter affidavit stating that he is not a necessary party. The 4th respondent has filed a counter affidavit adopting the counter filed by the 2nd respondent. Therefore, none of the counter affidavits filed by the respondents contain any reason justifying the rejection of the application submitted by the petitioner.

giving an opportunity to the petitioner, cannot be sustained. 5.Accordingly, the impugned order passed by the 5th respondent, dated 10.11.2021, is set asside. However, the matter is remitted to the 5th respondent to consider the petitioner's application, on merits and in accordance with law, after giving an opportunity of being heard to the petitioner. A fresh order shall be passed by the 5th respondent within a period of 12 weeks from the date of receipt of a copy of this order. 6.With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (S.S.S.R., J.) (N.S., J.) 22.01.2024 mkn Internet : Yes Index : Yes / No To

1.The Principal Secretary to the Government, (P & AR Department), Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

2.The Principal Secretary to the Government, Backward Classes, Most Backward Classes and Minorities Welfare Department, Fort St. George, Chennai - 600 009.

3.The Chairman, Tamil Nadu Public Service Commission, TNPSC Road, VOC Nagar, Park Town, Chennai - 600 003.

4.The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, VOC Nagar, Park Town, Chennai - 600 003.

5.Zonal Deputy Tahsildar-1, Pallavaram, Chennai - 600 043.

S.S. SUNDAR , J.

and N. SENTHILKUMAR, J.

mkn 22.01.2024