Arockiam v. Union Of India,Rep.By The
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 24.08.2017 CORAM :
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.4092 of 2017 Arockiam ... Petitioner Vs.
1.Union of India, Rep.by The Joint Secretary (SCD-A & Dr.Ambedkar Foundation), Department of Social Justice & Empowerment, Union of India, Room No.612, 'A' Wing, Shasthiri Bhawan, New Delhi-110001.
2.The State of Tamil Nadu, Rep.by The Principal Secretary, Department of School Education, Fort.St.George, Chennai-600 009.
3.The State of Tamil Nadu, Rep.by the Principal Secretary, Adi Dravidar Welfare Department, Secretariat, Fort.St.George, Chennai-600 009.
4.The Director of School Education, The Office of the Directorate of School Education, Nungambakkam, Chennai.
5.The Director of Adi Dravidar and Tribal Welfare Department, Fort.St.George, Chennai.
... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents to submit report about the implementation of 18 percentage of reservation for the Scheduled Cases students (including 3 percentage reservation for Scheduled CasteArunthathiyar) and 1 percentage reservation for the Scheduled Tribes Students in Maths and Science groups in Eleventh and Twelfth standards in all schools under all kinds of managements in admission in the State of Tamil Nadu within the time stipulated by this Court, consequently to direct the respondents to initiate appropriate departmental proceedings and action against the Head Masters of the
schools, who failed to implement the 18 percentage of reservation for the Scheduled Castes Students and 1 percentage reservation for the Scheduled Tribes Students in Maths and Science groups in Eleventh and Twelfth standards in all schools under all kinds of managements in the State of Tamil Nadu within the time stipulated by this Court.
For Petitioner : Mr.R.Alagumani For Respondent : Mr.D.Saravanan for R1 Mr.M.Govindan, Special Govt. Pleader for RR2 to 5.
O R D E R
(Order of the Court was made by G.R.SWAMINATHAN, J.) The writ petitioner is aggrieved by the fact that even though the Government of Tamil Nadu issued G.O.Ms.No.42, dated 12.01.1994 directing that reservation in admission in all Higher Secondary Schools should be followed group wise, the educational institutions are not following the same.
2.The writ petitioner obtained information by invoking the Right to Information Act. Based on the data collected by him, he has submitted more than one representation to the authorities. 3.Today, when the matter was taken up, the learned Special Government Pleader appearing for the respondents submitted that the Director of School Education Department is alive to the issue raised by the writ petitioner and that he had issued proceedings in Na.Ka.No.88979/W1/E1/2016, dated 04.2017 directing the Chief Educational Officers to ensure that G.O.Ms.No.42, dated 12.01.1994 is implemented in letter and spirit. When the Government had provided for group wise reservation for the reserved category of students in 11th and 12th standard, it is the duty of the departmental authorities to strictly enforce the same. 4.This writ petition is disposed of with this observation. No costs.
Sd/- Assistant Registrar(RECORD) /True Copy/ Sub Assistant Registrar To 1.The Principal Secretary, Department of School Education, Fort.St.George, Chennai-600 009.
2.The Principal Secretary, Adi Dravidar Welfare Department, Secretariat, Fort.St.George, Chennai-600 009.
3.The Director of School Education, The Office of the Directorate of School Education, Nungambakkam, Chennai.
4.The Director of Adi Dravidar and Tribal Welfare Department, Fort.St.George, Chennai.
+1cc to Mr.D.SARAVANAN Advocate in SR. No.74729 +1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No.75070 SKM/ARUL JS/MR.KKR/SAR.1/15.09.2017/ 3P-7C W.P(MD)No.4092 of 2017 24.08.2017