Mohamed Hanifa v. The Secretary To Government Of India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Mohamed Hanifa (Represented through his mother and natural guardian Chithi Fatima) .. Petitioner Vs.

1.The Secretary to Government of India, Ministry of Education, J688+644, C Wing Shastri Bhavan Dr.Rajendra Prasath Road, Rajpath Area Central Secretariat Delhi-110 001.

2.The Chairperson, National Testing Agency, C-20, 1A/8, Sector 62, IITK Outreach Centre, Noida-201309 Utter Pradesh.

3.The Senior Director, National Testing Agency (JEE) C-20, 1A/8, Sector 62 1/5_________

IITK Outreach Centre, Noida-201309 Utter Pradesh.

.. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 3rd respondent to change the caste category of petitioner's son Mohamed Hanifa M from ST to OBC in the JEE (Main) 2023 for Role No.TN31000017. For Petitioner :

Mr.C.Geetha For R1 :

Mr.K.Govindarajan Deputy Solicitor General of India For R3 :

Mr.P.Karthik

ORDER

The writ petition has been filed in the nature of mandamus seeking a direction to the third respondent to change the caste category of the son of the petitioner by name M.Mohamed Hanifa, from ST to OBC in JEE (Main) 2023 for Role No.TN31000017.

2.The petitioner who had aspired to join Indian Institute of Technology in any one of the Institution available in accordance with the merit rank, unfortunately, filled up the application categorising himself as 2/5_________

belonging to ST, when he actually belongs to OBC. This is actually a material defect in the application. The petitioner cannot get any benefit out of the same.

3.The petitioner cannot be classified as ST in accordance with the merit list. If the classification is done by the respondents then it would affect the entire merit list, so far as both ST category and OBC category is concerned.

4.This Court is concerned about the future of the son of the petitioner and I would state that no penal action should be initiated against the petitioner herein.

5.I trust and hope, the respondents would not initiate any further action, if the petitioner completes in the next year and categorizes himself as OBC.

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6.The respondents may proceed further with the merit list as it stands with the name of the petitioner in the ST category. 7.In view of the above, the writ petition stands dismissed. No costs.

13.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes Ns To 1.The Secretary to Government of India, Ministry of Education, J688+644, C Wing Shastri Bhavan Dr.Rajendra Prasath Road, Rajpath Area Central Secretariat Delhi-110 001.

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C.V.KARTHIKEYAN, J.

Ns Dated: 13.06.2023 5/5_________