K balu Reservation case full order THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.03.2020 CORAM : The Hon’ble Mr.A.P.SAHI, THE CHIEF JUSTICE AND The Hon’ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY W.A.Nos.419 and 421 to 429 of 2020 and C.M.P.Nos.6607 to 6618, 6620 to 6626, 6628 and 6629 of 2020 1.The State of Tamilnadu, Rep. by the Principal Secretary to Govt., Dept. of School Education, Secretariat, Chennai 600 009.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.03.2020
CORAM :
The Hon’ble Mr.A.P.SAHI, THE CHIEF JUSTICE
AND
The Hon’ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.A.Nos.419 and 421 to 429 of 2020
and C.M.P.Nos.6607 to 6618, 6620 to 6626, 6628
and 6629 of 2020
1.The State of Tamilnadu,
Rep. by the Principal Secretary to Govt.,
Dept. of School Education,
Secretariat, Chennai 600 009.
2.The Director,
School Education Department,
DPI Campus, College Road,
Nungambakkam, Chennai 600 006.
3.The Teachers Recruitment Board,
Rep. by its Member Secretary,
DPI Campus, College Road,
Nungambakkam, Chennai 600 006. .. Appellants
-vs-
K.Shobana .. Respondent in WA.419/20
P.Govindasamy .. Respondent in WA.421/20
Kothavari .. Respondent in WA.422/20
T.Vijayakumar .. Respondent in WA.423/20
S.Elavarasan .. Respondent in WA.424/20
S.Kalaimuhil .. Respondent in WA.425/20
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K.Manikandan .. Respondent in WA.426/20
K.Vengatesan .. Respondent in WA.427/20
M.Vijayakanth .. Respondent in WA.428/20
R.Sathiya .. Respondent in WA.429/20
Appeals filed under Clause 15 of the Letters Patent against the
order dated 09.01.2020 passed in W.P.Nos.34099, 33167, 33175,
33176, 34106, 34109, 34118, 34127, 34133 and 34144 of 2019 on
the file of this Court.
For Appellant : Mr.C.Munusamy
Spl.G.P.
For Respondents : Mr.N.L.Rajah
Senior Counsel
for Mr.K.Balu
JUDGMENT
(Delivered by The Hon’ble Chief Justice)
The challenge raised in these appeals is to the judgment of the
learned Single Judge dated 09.01.2020. The writ petitions giving rise
to these appeals had been filed contending that the writ petitioners,
who belong to the MBC category, on account of their merit, ought to
have been fitted in the general category instead of Most Backward
Category/Denotified Communities (DNC) quota. The action of the
Government was questioned on the ground that if the fitment of the
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them down from the open category/general turn.
8.The apprehension which has given rise to this contention
appears to be that this will give an increased number of Most
Backward Category candidates, inasmuch as if they, by virtue of their
merit, are being allowed in the general turn also, the number of
reserved category candidates will increase as they will have both. We
cannot appreciate this apprehension, inasmuch as the constitutional
mandate for reservation has to be fulfilled, but that does not amount
to saying that if a reserved category candidate competes on his own
merit in the general category, he should be denied his place in the
open category. Merit has to be acknowledged, be it any category. The
increase in number of Backward category candidates by itself does not
in any way impinge any of the fundamental rights of any person
inasmuch as no one’s fundamental right is being impinged. We,
therefore, do not find any merit in the submissions of the learned
Special Government Pleader. The appeals lack merit, as no
interference is warranted with the judgment of the learned Single
Judge.
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The Writ Appeals are, accordingly, dismissed. This dismissal is
without prejudice to the rights of those who may raise any challenge to
the very provisions of reservation itself. No costs. Consequently,
connected miscellaneous petitions are also dismissed.
(A.P.S., CJ.) (S.K.R., J.)
19.03.2020
Index : Yes
sra
To
1.The Principal Secretary to Govt. of Tamilnadu,
Dept. of School Education,
Secretariat, Chennai 600 009.
2.The Director,
School Education Department,
DPI Campus, College Road,
Nungambakkam, Chennai 600 006.
3.The Teachers Recruitment Board,
Rep. by its Member Secretary,
DPI Campus, College Road,
Nungambakkam, Chennai 600 006.
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