Madras High Court
M.K.Muzibur Rahman vs Union Of India on 3 October, 2016
Author: Sanjay Kishan Kaul
Bench: Sanjay Kishan Kaul
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
M.K.Muzibur Rahman
Secretary, Umar Nagar Muslim Jamath
Kooriyur, Aatchuthanvayal Post
Ramanathapuram Taluk
Ramanathapuram District : 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,R4to 6
Mr.K.K.Senthil for R3
:ORDER
[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.
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 .