Brasil.A v. The Chief Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2023
CORAM:
THE HON'BLE MR.JUSTICE R.SUBRAMANIAN AND THE HON'BLE MRS JUSTICE L.VICTORIA GOWRI and W.M.P(MD)No.7691, 9526, 10122, 10123, 9527, 10169, 7692 of 2022 W.P(MD)No.10558 of 2022 A.Brasil :Petitioner .vs.
1.The Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennai-600 009.
2.The Principal Secretary to Government of Tamil Nadu, Fort St. George, Chennai-600 009.
3.The Chairman, National Commission for 1/8
4.The Chairman, : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the Impugned Communication in Letter No.252/TNBCC/2020, dated 20.05.2022 of the 4th respondent and quash the same as illegal and unconstitutional and consequently direct the 2nd and 4th respondents not to act upon the Terms of Reference No.V of G.O.No.52, dated 08.07.2020 i.e., (V) The Commission shall examine and recommend upon the demand made by various communities to provide for internal reservation within the reservation provided for Most Backward Classes" issue by the second respondent. For Petitioner :Mr.A.Rajini For R1 & R2 :Mr.J.Ravindran Additional Advocate General Assisted by Mr.P.Thilakkumar Government Pleader For R3 :Mr.S.Jeyasingh For R4 :Mrs.M.Sneha Standing Counsel W.P(MD)No.10559 of 2022 Dr.M.Jebamani :Petitioner .vs.
2/8
1.The Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennai-600 009.
2.The Principal Secretary to Government of Tamil Nadu, Fort St. George, Chennai-600 009.
3.The Chairman, National Commission for 4.The Chairman, : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the Impugned Communication in Letter No.252/TNBCC/2020, dated 20.05.2022 of the 4th respondent and quash the same as illegal and unconstitutional and consequently direct the 2nd and 4th respondents not to act upon the Terms of Reference No.V of G.O.No.52, dated 08.07.2020 i.e., (V) The Commission shall examine and recommend upon the demand made by various communities to provide for internal reservation within the reservation provided for Most Backward Classes" issue by the second respondent. 3/8
For Petitioner :Mr.A.Rajini For R1 & R2 :Mr.J.Ravindran Additional Advocate General Assisted by Mr.P.Thilakkumar Government Pleader For R3 :Mr.S.Jeyasingh Central Government Standing Counsel For R4 :Mrs.M.Sneha Standing Counsel W.P(MD)No.14235 of 2022 P.Karthigai Rajan :Petitioner .vs.
R1 is deleted from the array of parties and R2 to R4 shown as R1 to R3 vide Court order dated 06.07.2022.
1.The Principal Secretary to Government of Tamil Nadu, Fort St. George, Chennai-600 009.
2.The Chairman, National Commission for 4/8
3.The Chairman, : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records pertaining to the Impugned Terms of Reference No.V of G.O.No. 52, dated 08.07.2020 i.e., "V) The Commission shall examine and recommend upon the demand made by various communities to provide for internal reservation within the reservation provided for Most Backward Classes" issue by the second respondent and quash the same as illegal and unconstitutional.
For Petitioner :Mr.A.Rajini For R1 :Mr.J.Ravindran Additional Advocate General Assisted by Mr.P.Thilakkumar Government Pleader For R2 :Mr.S.Jeyasingh Central Government Standing Counsel For R3 :Mrs.M.Sneha Standing Counsel 5/8
C O M M O N O R D E R (Order of the Court was made by R.SUBRAMANIAN, J.) The prayer in all the writ petitions is the same and it reads as follows:- "Calling for the records pertaining to the Impugned Communication in Letter No.252/TNBCC/2020, dated 20.05.2022 of the 4th respondent and quash the same as illegal and unconstitutional and consequently direct the 2nd and 4th respondents not to act upon the Terms of Reference No.V of G.O.No.52, dated 08.07.2020 i.e., (V) The Commission shall examine and recommend upon the demand made by various communities to provide for internal reservation within the reservation provided for Most Backward Classes" issue by the second respondent."
2. A reading of the above prayer as well as the impugned notice shows that the grievance of the petitioners is about the proposed internal reservation for certain most backward class communities. This Court has passed an interim order restraining the Commission from going ahead with the said proposal. In the interregnum, the Backward Classes Commission has been reconstituted and fresh terms of reference have 6/8
been made. Therefore, nothing survives in these writ petitions. Hence, the writ petitions are dismissed as having become infructuous. It will be open to the petitioner to challenge the terms of reference made to the New Commission if they are aggrieved. No costs. Consequently, connected miscellaneous petitions are closed. [R.S.M.,J.] & [L.V.G.,J.] 20.03.2023 Index:Yes/No Internet:Yes/No am To 1.The Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennai-600 009.
2.The Principal Secretary to Government of Tamil Nadu, Fort St. George, Chennai-600 009.
3.The Chairman, National Commission for 4.The Chairman, 7/8
R.SUBRAMANIAN, J.
AND L.VICTORIA GOWRI, J.
am 0RDER MADE IN 20.03.2023 8/8