M.K. Muzibur Rahman, v. Union Of India,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2016

CORAM:

THE HONOURABLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE S.NAGAMUTHU W.P.(MD).No. 1009 of 2013 and M.P.Nos.1 and 2 of 2013 and 1 of 2014 M.K.Muzibur Rahman : Petitioner Vs.

1.Union of India, Rep. by its Secretary, Ministry of Minority Affairs, 11th Floor, Paryavaran Bhawan, CGO Complex, Lodhi Road, New Delhi. 110003 2.The Government of Tamil Nadu Rep. by its Chief Secretary, Fort St. George, Chennai.

3.Tamil Nadu Public Service Commission Rep. by its Chairman, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai.

4.Secretary to Government Government of Tamil Nadu, Backward Classes, Most Backward Classes, & Minorities Welfare Department, Fort St. George, Chennai.

5.The Tamil Nadu Backward Classes Commission, Rep. by its Member Secretary No.212 R.K.Mutt Road, Mylapore, Chennai.

6.The District Collector Ramanathapuram Ramanathapuram District : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents 2 and 4 to decide and declare the community

status of the persons who convert from the Schedule Caste Community to Islam and consequentially direct the respondents to issue community certificate stating such community status to such muslims who have converted from other communities within the time that may be stipulated by this Court.

For Petitioner : Mr.M.Mahaboob Athiff for M/s.Ajmal Associates For Respondents : Mr.G.R.Swaminathan for Mr.D.Saravanan Assistant Solicitor General of India for R1 Mr.B.Pugalendhi Additional Advocate General assisted by Mr.Aayiram K.Selvakumar for R2,R4 to 6 Mr.K.K.Senthil for R3

O R D E R

********** [Order of the Court was made BY The Hon'ble The Chief Justice] Petitioner seeks to raise the issue of the status of persons, who convert to Islam from the Scheduled Caste Community and as to whether they are entitled to the benefit of reservation as Scheduled Caste.

2. It is pointed out to us by the learned Additional Advocate General that the very issue has been referred to a Larger Bench by the Hon'ble Supreme Court in Centre, Public Interest Litigation & Another v. Union of India. (Writ Petition (Civil) No.180 of 2004 vide order dated 21.01.2011)

3. In view of the aforesaid facts and circumstances, we see no purpose in entertaining the petition, as the very question is under the consideration before the Supreme Court and the law laid down would be applicable to all.

4. The petition, accordingly, stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To 1.The Secretary, Union of India, Ministry of Minority Affairs, 11th Floor, Paryavaran Bhawan, CGO Complex, Lodhi Road, New Delhi. 110003

2.The Chief Secretary, Government of Tamil Nadu Fort St. George, Chennai.

3.The Chairman, Tamil Nadu Public Service Commission Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai.

4.Secretary to Government Government of Tamil Nadu, Backward Classes, Most Backward Classes, & Minorities Welfare Department, Fort St. George, Chennai.

5.The Member Secretary Tamil Nadu Backward Classes Commission, No.212 R.K.Mutt Road, Mylapore, Chennai.

6.The District Collector, Ramanathapuram, Ramanathapuram District .

+1 cc to M/s.Ajmal Associates, Advocate in SR.No.59055 +1 cc to M/s.K.K.Senthil, Advocate in SR.No.58153 +1 cc to M/s.D.Saravanan, Advocate in SR.No.58066 +1 cc to The Special Government Pleader in SR.No.59202 RR CSL/DB/19.10.2016: 3P/11C Order made in W.P.(MD) No.1009 of 2013 Dated: 03.10.2016