P.Santhakumar, v. The Secretary To The
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.02.2017
CORAM
THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR W.P.No.3140 of 2017 P.Santhakumar ... Petitioner Vs.
1. The Secretary to the Government Department of Health and Family Welfare (ME) Government of Tamil Nadu Fort St. George, Chennai 600 009.
2. The Director, Police Division-II (Resettlement and Welfare Directorate) Ministry of Home Affairs Government of India North Block, New Delhi 110 001.
3. The Secretary Selection Committee Directorate of Medical Education No.162, Periyar E.V.R. High Road Kilpauk, Chennai 600 010.
4. The Commissioner Directorate of Technical Education 53, Sardar Patel Road Guindy, Chennai 600 025.
... Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus directing the first respondent to consider the representations dated 24.06.2015, 18.08.2015, 16.10.2015, 17.11.2015, 19.02.2016 and on 04.04.2016, made by the petitioner to the first respondent on the basis of the Official Memorandum No.27011/100/2012-R&W, dated 23.11.2012 within a stipulated time, preferably before the finalization of the policy of the Government regarding the reservation for the Professional Courses for the Academic year 2017-2018.
For Petitioner : Mr.S.Subbiah For Respondents : Mr.M.K.Subramanian Government Pleader
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) The grievance of the petitioner is that persons like him, who are retired personnel from para military forces like Border Security Force, Central Reserve Police Force, Central Industrial Security Force, Indo-Tibetan Border Police, Sashatra Seema Bal, Assam Rifles, National Security Guard, are not being considered in the reserved category for Retired Army Personnel insofar as admission to educational institutions is concerned.
2. It is pointed out that the Ministry of Home Affairs, Government of India has already issued a communication dated 23.11.2012 by extending suitable benefits to the retired personnel of para military forces, but there has been no response from the State. This aspect is stated to be thus pending despite multiple representations made by the petitioner from 24.6.2015 to 4.4.2016 and the next academic year of 20172018 is now approaching.
3. On hearing learned counsel for parties, we direct that the first respondent should take necessary decision in pursuance of the communication of the Central Government dated 23.11.2012 qua the issue of reservation for retired personnel from para military forces insofar as admission to educational institutions is concerned and the same should be done immediately in order to facilitate the benefit to be availed of by such persons for the academic year 2017-2018.
The writ petition, accordingly, stands disposed of. No costs.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar sasi
To:
1. The Secretary to the Government Department of Health and Family Welfare (ME) Government of Tamil Nadu Fort St. George, Chennai 600 009.
2. The Director, Police Division-II (Resettlement and Welfare Directorate) Ministry of Home Affairs Government of India North Block, New Delhi 110 001.
3. The Secretary Selection Committee Directorate of Medical Education No.162, Periyar E.V.R. High Road Kilpauk, Chennai 600 010.
4. The Commissioner Directorate of Technical Education 53, Sardar Patel Road Guindy, Chennai 600 025.
+1cc to M/s.S.Subbiah, Advocate, S.R.No.8354 +1cc to the Government Pleader, S.R.No.8177 W.P.No.3140 of 2017 UG(CO) CA(15/02/2017)