← Library
Madras High CourtWP/19103/2017disposed of

R.Alagar v. State Rep. By

2017-07-25Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.07.2017

CORAM

THE HONOURABLE MR.JUSTICE K. RAVICHANDRABAABU W.P.No.19103 of 2017 and WMP.No.20613 of 2017 R.Alagar ... Petitioner vs.

1.State Rep. by The Secretary to Government Higher Education Department Fort St.George, Chennai-600 009.

2.The Vice Chancellor Tamil Nadu Music and Fine Arts University Dr.D.G.S.Dinakaran Salai, Chennai-600 028.

3.The Principal Government College of Fine Arts, Chennai-600 003.

... Respondents PRAYER:

Writ Petition filed under Article 226 of Constitution of India,to issue a Writ of Mandamus, directing the 3rd respondents to consider the representation of the petitioner's son dated 18.07.2017 and grant him a seat in BFA (Bachelor of Fine Arts) for the academic year 2017-2018 to the petitioner's son.

For Petitioner : Mr.K.Shyam Sunder For Respondents : Mr.A.Kumar Special Government Pleader for R1 to R3.

O R D E R

Mr.A.Kumar, learned Special Government Pleader takes notice for the respondents 1 to 3.

2. The petitioner seeks for a mandamus directing the third respondent to consider the representation of the petitioner's son dated 18.07.2017, wherein, the petitioner's son sought for considering his application for admission to BFA (Bachelor of Fine Arts) course in the third respondent college under SCA category. In support of such claim, the petitioner relied on the community certificate issued by the Tahsildar, Madurai South dated 13.05.2005, wherein the petitioner's son was certified as Hindu-Chakkiliyan, which is notified by the Government of Tamil Nadu vide G.O(MS)No.50 dated 29.04.2009, as the one falling under the category of "Arunthathiyars". Therefore, it is contended by the learned counsel for the petitioner that the third respondent has to consider the petitioner's son under the SCA category and not under SC category.

3. Considering the above stated facts and circumstances and the community certificate said to have been issued in favour of the petitioner's son and G.O(MS).No.50 dated 29.04.2009, this Court is of the view that the request of the petitioner's son dated 18.07.2017 shall have to be considered by the third respondent, accordingly. Thus, this writ petition is disposed of, by directing the third respondent to consider the said representation dated 18.07.2017, in the light of the community certificate said to have been issued in favour of the petitioner's son dated 13.05.2005 and G.O.(Ms)No.50 dated 29.04.2009, within a period of seven days from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar mk To 1.The Secretary to Government Higher Education Department Fort St.George, Chennai-600 009.

2.The Vice Chancellor Tamil Nadu Music and Fine Arts University Dr.D.G.S.Dinakaran Salai, Chennai-600 028.

3.The Principal Government College of Fine Arts, Chennai-600 003.

+1cc to Mr.K.Shyam Sundar, Advocate Sr. 52262 W.P.No.19103 of 2017 RJ(CO) VR(25/07/2017)