R.Kundhanathan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P. NO. 17881 OF 2021 R. Kundhanathan .. Petitioner

Versus

1. The District Collector Villupuram District Collector Office Rd Moovendar Nagar Villupuram - 605 602

2. The Tahsildar Melmalaiyanur Taluk Melmalaiyanur Villupuram District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the second respondent to issue Economically Weaker Section Certificate to the Petitioner by considering the application made by the Petitioner through online in Application No. TN8620210723118 dated 2307.2021 within a reasonable time in the light of the order passed by the Division Bench of this Hon'ble Court in W.P. No. 8876 of 2020 and batch of cases dated 30.07.2020.

For Petitioner :

Mr.G.Sudangan For Respondents :

Mr.Stalin Abhimanyu Government Counsel

O R D E R

The present writ petition has been filed praying for issuance of a Writ of Mandamus directing the second respondent to issue Economically Weaker Section Certificate to the Petitioner by considering the application made by him through online in Application No. TN-8620210723118 dated 2307.2021 within a reasonable time in the light of the order passed by the Division Bench of this Hon'ble Court in W.P. No. 8876 of 2020 and batch of cases dated 30.07.2020.

2.

The petitioner claims that his father is an agricultural labourer and he belongs to a poor family. Further, with great difficulty, he pursued Higher Secondary (+2) and completed it with 84.5% of marks. He participated in the Joint Admission Test for Masters (JAM) and secured All India Rank 216. Based on such marks secured by the petitioner, he was allotted seat for for pursuing M.Sc - Life Science in the college funded by the Union Government namely National Institute of Technology, Rourkela under the 10% Reservation of Economically Weaker Section. After his admission, the college authorities have called upon the petitioners to produce the certificate to show that he belong to Economically Weaker Section. Immediately, the petitioner submitted an application online to the respondents on 23.07.2021. According to the petitioner, if he did not submit the certificate to show that he belongs to Economically Weaker Section, the college authorities have stated that his admission would stand cancelled. In such circumstances, the petitioner is before this Court with this Writ Petition.

3. Heard both learned counsel for the petitioner and learned Government counsel appearing for respondents.

4. The petitioner claims that he hails from an economically weaker Section (EWS) ridden by abject poverty. He has got admitted to a college in the quota meant for Economically Weaker Section. Therefore, the college authorities have given an ultimatum to the petitioner to produce the Economically Weaker Section Certificate, as a condition precedent for the petitioner to continue the course. Immediately, the petitioner applied for a certificate online on 23-07-2021 which is also enclosed in the typedset of papers. Therefore, having regard to the urgency expressed by the

petitioner, the second respondent is directed to consider the application submitted by the petitioner online on 23-07-2021, conduct an enquiry, afford an opportunity to hearing to the petitioner and then pass an order on merits in accordance with law within a period of two weeks on receipt of copy of this order.

5. With the above observations, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-III) // True Copy // Sub Assistant Registrar dhk To

1. The District Collector, Villupuram District Collector Office Rd Moovendar Nagar Villupuram - 605 602

2. The Tahsildar Melmalaiyanur Taluk Melmalaiyanur Villupuram District.

+1cc to Mr.G.Sudangan, Advocate, S.R.No.42978 +1cc to the Government Pleader, S.R.No.43419 +1cc to Mr.G.Sudangan, Advocate, S.R.No.42978 (27/10/2021) WP No. 17881 of 2021 PCH(CO) RLP(20/09/2021)