PARENTS ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed by the Parents Association of Ten Years Students, Andaman and Nicobar Islands (Port Blair) (hereinafter called Ten Years Category) and one P. Pratapan, Port Blair. The respondents are the Union of India, represented by the Secretary, Ministry of Home Affairs, New Delhi and the Secretary, Ministry of Human Resources and Development (respondents 1(a) and 1(b), the Lt. Governor (respondent 3) and the Secretary (Education) (Respondent 4) of the Andaman and Nicobar Islands, Port Blair.

(2.) The petitioners filed the above Writ Petition(under Order 1, Rule 8, CPC), seeking to set aside the proceedings of the Union of India, Ministry of Home Affairs dated 14-2-84, 4-9-91, 30-5-96 as being violative of Articles 14, 15, 16, 19 (1) (g) and 21 of the Constitution of India. Directions were sought for framing consolidated Regulations under Article 240 (1) (a) of the Constitution of India in relation to allotment of seats for higher educational courses (professional and technical) and for public employment/appointment for all permanent residents of the Islands, in conformity with Articles 14, 15 and 16 of the Constitution of India, to redefine 'local' and 'permanent resident' by removing all discrimination on the basis of race, descent, place of birth etc. to divide the entire community of school leaving students/permanent residents into two categories (i) Tribals and (ii) others subject to the condition that they have studied for ten years in the Island and passed the qualifying examination from schools in the Islands and not to give executive instructions.

(3.) The facts of the case are as follows :