Vairavan v. The Dist.Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2020
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Vairavan ... Petitioner Vs 1.The District Collector, Thanjavur District. 2.The Tahsildar, Thanjavur Taluk, Thanjavur District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent to issue Economically Weaker Section Certificate to the petitioner by considering the application submitted by his mother dated 20.07.2020.
For Petitioner : Mr.R.Balakrishnan For Respondents : Mrs.M.Rajeswari Government Advocate
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the second respondent to issue the economically Weaker Section Certificate to the petitioner by considering the application submitted by his mother dated 20.07.2020.
2. Mrs.M.Rajeswari, learned Government Advocate accepts notice for the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3. It is the case of the petitioner that he belongs to the economically weaker section of the Society. According to him, his father is a part time worker and he is hardly earning Rs.26,000/- per annum and his mother is working as a Teacher in the Government High School, Panthuvakkottai. He has also stated in his affidavit that he has completed his higher secondary examination having scored 416 marks out of 500. He has also further stated that he wrote National cum Entrance Test (NEET) on 13.09.2020 and he is more confident in passing NEET examination with higher marks.
4. It is the case of the petitioner that coming from the economically weaker section, he applied through his mother for 1/3
issuance of Economically weaker section certificate on 20.07.2020. According to him, the said Certificate was applied through his mother, since on the date of the application, he was a minor. According to the petitioner, as a person from the economically weaker section, he is entitled to get benefits of 10% reservation under the Central Government quota and therefore, the economically weaker section certificate is essential.
5. According to the petitioner, even though the application for economically weaker section certificate was applied by his mother on 20.07.2020 itself, till date, the second respondent has not issued the same. It is also stated in the affidavit that the petitioner has satisfied all the requirements for issuance of economically weaker section certificate. In such circumstances, this Writ Petition has been filed.
6. The relief sought for in this Writ Petiton is an innocuous relief. The petitioner has only sought for a direction to the second respondent to consider the petitioner's application for issuance of economically weaker section certificate. No prejudice will be caused to the respondents, if such a direction is issued by this Court.
7. In the result, this Court directs the second respondent to consider the petitioner's application dated 20.07.2020, which was submitted by his mother, for issuance of economically weaker section certificate, on merits and in accordance with law and pass final orders, within a period of two weeks from the date of receipt of a copy of this order.
8. With the above observations, the Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar (AE) // True Copy // / /2020 Sub Assistant Registrar(CS) Tsg Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned. 2/3
To 1.The District Collector, Thanjavur District.
2.The Tahsildar, Thanjavur Taluk, Thanjavur District.
+1 CC to SGP ( SR-20181[F] dated 15/10/2020 ) 13.10.2020 BK(CO) NR(02/11/2020) 3P : 4C 3/3