Madras High CourtWP(MD)/1695/2021closed

Arunprasath.R v. The State Of Tamil Nadu

2021-02-02Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

W.P.(MD)No.1695 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.(MD)No.1695 of 2021 and W.M.P.(MD)No.1436 of 2021 R.Arunprasath : Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Chief Secretary to Government, Fort St.George, Secretariat, Chennai - 600 009.

2.The State of Tamil Nadu, Rep. by its Secretary to Government, Backward Classes, Most Backward Classes & Minorities Welfare Department, Fort St.George, Secretariat, Chennai - 600 009.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus forbearing the respondents from creating any reservation or preference in any post or creating any reservation or preference in educational institutions in the State of Tamil Nadu, until the completion of an exercise of collecting quantifiable data with regard to the MBC communities by examining, inter alia, the administrative efficiency and ramification of creating any preference to any particular MBC community or communities.

For Petitioner : Mr.S.Babu For Respondents : Mr.Sricharan Rangarajan, Additional Advocate General Assisted by Mr.K.P.Krishnadoss, Special Government Pleader

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) This writ petition is a premature one, seeking to forbear the respondents from creating any reservation, when the Committee is yet to deliberate upon and come to a decisive conclusion while making its recommendation.

2. The learned Counsel appearing for the petitioner fairly submitted that the writ petition may be closed, in view of the order passed by this Court at the Principal Seat in W.P.No.1422 of 2021, https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.1695 of 2021 dated 22.01.2021, wherein, it is held as follows: "In the light of an order passed on a similar matter on January, 21, 2021, the writ petition in this case is held to be premature.

2. Once the Committee or Commission prepares a report and the report is accepted by the State or sought to be implemented, the petitioner will have ample opportunity to challenge the same, if the petitioner is dissatisfied therewith.

3. W.P.No.1422 of 2021 is disposed of without prejudice to the petitioner's right to challenge the recommendation of the Committee or the extent to which such recommendation is sought to be implemented. There will be no order as to costs."

3. In view of the same, this writ petition is closed, with liberty to the petitioner to work out his remedy, if need arises. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (crl.records) // True Copy // / /2021 Sub Assistant Registrar(CS) To 1.The Chief Secretary to Government, State of Tamil Nadu, Fort St.George, Secretariat, Chennai - 600 009.

2.The Secretary to Government, State of Tamil Nadu, Backward Classes, Most Backward Classes & Minorities Welfare Department, Fort St.George, Secretariat, Chennai - 600 009.

+1 CC to M/s.SPL GP ( SR-3339[F] dated 04/02/2021 ) W.P.(MD)No.1695 of 2021 02.02.2021 TP(CO) KB(12.02.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2