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Madras High CourtWP/28240/2022disposed of

V.Manu Shree v. The District Collector

2022-10-26Honourable Mr Justice R. Suresh Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.10.2022 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.28240 of 2022 V.Manu Shree ....

Petitioner -Vs1.The District Collector Collectorate Office Ariyalur District.

2.The Revenue Divisional Officer Udayarpalayam, Ariyalur District.

3.The Tahsildar Jayankondam Ariyalur District.

4.The Chief Educational Officer Jayankondam, Ariyalur District.

5.The Principal Fathima Matriculation Higher Secondary School Jayankondam, Ariyalur District.

....

Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to consider the petitioner's representation dated 11.10.2022 and direct the 3rd respondent to issue a linguistic minority certificate in favour of the petitioner after conducting an enquiry in accordance with law.

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For Petitioner : Mr.R.Gokulakrishnan For Respondents : Mr.T.K.Saravanan Government Advocate - for RR 1 to 3 Mr.R.Kumaravel Additional Government Pleader - for R4 Notice dispensed with - R5

O R D E R

The prayer sought for herein is for a Writ of Mandamus to consider the petitioner's representation dated 11.10.2022 and direct the 3rd respondent to issue a linguistic minority certificate in favour of the petitioner after conducting an enquiry in accordance with law.

The petitioner belongs to Telugu linguistic minority, but resident of Tamil Nadu. She had written the NEET UG-2022 examination for getting admission in First Year MBBS against the minority quota.

2. In this regard, as per the prospectus issued, linguistic minority certificate, either as Telugu minority or Malayalam minority residing in Tamil Nadu obtained from the concerned Revenue Officer has to be produced before the authority concerned and then only the student would be eligible to get minority status and get concession in admission as well as fees payment. 2 / 5

3. Heard Mr.R.Gokulakrishnan, learned counsel for the petitioner, Mr.T.K.Saravanan, learned Government Advocate for respondents 1 to 3 and Mr.R.Kumaravel, learned Additional Government Pleader for the 4th respondent. In view of the order that is going to be passed in this writ petition, notice to the 5th respondent is dispensed with.

4. Learned Government Counsel submit that the representation of the petitioner dated 11.10.2022 to get linguistic minority certificate would be considered and decided by the Tahsildar, who is the competent authority on merits and in accordance with law within a time frame that may be stipulated by this Court.

5. Considering the limited scope of the prayer sought for and having taken note of the aforesaid submissions of the learned counsel for the parties, especially the learned Government Counsel this Court is inclined to dispose of this writ petition with the following order.

●That there shall be a direction to the third respondent to consider the representation of the petitioner dated 11.10.2022 for which the petitioner shall forward a copy of the same to 3 / 5

the third respondent Tahsildar along with a copy of this order forthwith.

●On receipt of the same, the third respondent shall consider the representation of the petitioner on merits and in accordance with law and pass orders thereon within a period of one week from the date of receipt of a copy of this order.

6. With the above directions, this writ petition is disposed of. No costs. 26.10.2022 Index : Yes/No Internet : Yes/No KST Note : Issue order copy tomorrow (27.10.2022) To 1.The District Collector Collectorate Office Ariyalur District.

2.The Revenue Divisional Officer, Udayarpalayam, Ariyalur District. 3.The Tahsildar, Jayankondam, Ariyalur District. 4.The Chief Educational Officer Jayankondam, Ariyalur District.

5.The Principal Fathima Matriculation Higher Secondary School Jayankondam, Ariyalur District.

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R. SURESH KUMAR, J.

KST W.P.No. 28240 of 2022 26.10.2022 5 / 5