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Madras High CourtWP/14970/2017dismissed

Puducherry - Karaikal Origin v. The Secretary, Ministry Of Hom

2021-11-17Honourable Mr Justice Krishnan Ramasamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.11.2021

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.NO.14970 OF 2017 AND W.M.P.NOS.16211 & 16212 OF 2017 Puducherry-Karaikal origin Scheduled Tribes (Irular) Welfare Association, Rep. by its President A.Selvaraj ... Petitioner

Versus

1. The Secretary, Ministry of Home Affairs, Government of India, New Delhi.

2. The Chief Secretary, Chief Secretariat, Puducherry.

3. The Secretary to Government (Education), Chief Secretariat, Puducherry.

4. The Director, Adi Dravidar Welfare Department, Puducherry.

5. The Convenor, Centralised Admission Committee, Pondicherry Engineering College Campus, Puducherry.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Certiorarified Mandamus, seeking to call for the records of the fifth respondent in respect of the Information Bulletin issued for the purpose of admission to professional courses for the academic year 2017-18 and to quash para Nos.2.2, 2.4 & 4.1 and consequently to direct the respondents to implement 7.5% reservation for the Scheduled Tribes in the Union Territory of Puducherry for the admission to professional courses conducted

through Centralised Admission Committee for various courses for the academic year 2017-18 and other educational institutions. For Petitioner :

Mr.V.Ajayakumar For R1 :

Mr.S.Makesh Central Government Standing Counsel For R2 to R5 :

Mr.V.Usha Additional Government Pleader

O R D E R

This Writ Petition has been filed seeking to call for the records of the fifth respondent in respect of the Information Bulletin issued for the purpose of admission to professional courses for the academic year 2017-18 and to quash para Nos.2.2, 2.4 & 4.1 and consequently to direct the respondents to implement 7.5% reservation for the Scheduled Tribes in the Union Territory of Puducherry for the admission to professional courses conducted through Centralised Admission Committee for various courses for the academic year 2017-18 and other educational institutions.

2. When the matter is taken up for hearing today, the learned Additional Government Pleader brought to the notice of this Court that, the Government of Puducherry already passed G.O.Ms.No.5 dated 08.03.2019, subsequent to the filing of the writ petition, whereby, 0.5% reservation was provided for the ST category for the admission to professional courses conducted through Centralised Admission Committee.

3. The learned counsel for the petitioner submits that against the said G.O., the petitioner has a Writ Petition in W.P.No.19637 of 2019 and the same is pending before Hon'ble Division Bench of this Court.

4. Though the present writ petition has been filed seeking to implement 7.5% reservation for the Scheduled Tribes of Union Territory of Puducherry for the admission of professional courses conducted through Centralised Admission Committee, the Government of Puducherry has considered the request of the petitioner and passed G.O.Ms.No.5 dated 08.03.2019, by granting 0.5% reservation for the Scheduled Tribes, considering the population and other aspects. Challenging the said G.O., the petition herein has filed Writ Petition in W.P.No.19637 of 2019, which is pending before the Hon'ble Division Bench of this Court. Under such circumstance, the petitioner's main challenge

cannot be adjudicated before this Court. Therefore, the petitioner is permitted to raise all the points before the Hon'ble Division Bench of this Court in W.P.No.19637 of 2019.

5. In view of the above, this Writ Petition is dismissed. No costs. Connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar rst To 1.

The Secretary, Ministry of Home Affairs, Government of India, New Delhi.

2.

The Chief Secretary, Chief Secretariat, Puducherry.

3.

The Secretary to Government (Education), Chief Secretariat, Puducherry.

4.

The Director, Adi Dravidar Welfare Department, Puducherry.

5.

The Convenor, Centralised Admission Committee, Pondicherry Engineering College Campus, Puducherry.

+1cc to Mr.V.Ajayakumar, Advocate, S.R.No.59155 +1cc to the Government Pleader (Puducherry), S.R.No.59407 W.P.NO.14970 OF 2017 AND W.M.P.NOS.16211 & 16212 OF 2017 GPL(CO) PBS/09/12/2021