The Madurai Bench of the Madras High Court disposed of a writ petition seeking a direction to issue community certificates to Muslims converted from Scheduled Castes regarding reservation benefits, noting the issue is sub judice before the Supreme Court.
No costs. Connected Miscellaneous Petitions are closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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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 https://hcservices.ecourts.gov.in/hcservices/ Constitution of India praying to issue a Writ of Mandamus to direct the respondents 2 and 4 to decide and declare the community
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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 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.
Sd/-
Assistant Registrar(CS-I)
/True copy/
Sub Assistant Registrar
To
1.The Secretary,
Union of India, Ministry of Minority Affairs,
https://hcservices.ecourts.gov.in/hcservices/ 11th Floor, Paryavaran Bhawan, CGO Complex, Lodhi Road, New Delhi. 110003
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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
1 issue framed by the court
Whether persons who convert from Schedule Caste Community to Islam are entitled to reservation benefits as Scheduled Castes.
Colour shows how this judgement treated each authority
Centre, Public Interest Litigation & Another v. Union of India. (Writ Petition (Civil) No.180 of 2004 vide order dated 21.01.2011)Referred¶18
1 provisions across 1 enactments
M.K. Muzibur Rahman
Union of India
Government of Tamil Nadu
Tamil Nadu Public Service Commission
Secretary to Government Government of Tamil Nadu, Backward Classes, Most Backward Classes, & Minorities Welfare Department
Tamil Nadu Backward Classes Commission
Sanjay Kishan Kaul
S. Nagamuthu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
