CHINNATHURAI Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) The petitioners seek for Certiorarified Mandamus to call for the records relating to G.O.Ms.No.142 dated 28.5.2002 issued by the first respondent in so far as it seeks to fix the age limit at 21 years as on 1.7.2002 for admission into under graduate courses in Arts and Science Colleges, to quash the same and to direct the respondents to admit the petitioners in B.A. Tamil Literature in the fourth respondent College for the year 2002-2003.

(2.) According to the first petitioner, he belongs to Adi Dravida Community. He hails from an interior draught prone Village in Dharmapuri District and his father is an agricultural coolie. He does not own any land or house. He is an illiterate and did not have any formal education and he also lost his mother at the age of seven. The second petitioner also belongs to Adi Dravida Community. He is also a coolie in Ambur bus stand. His father is also an illiterate and he has one brother and five sisters and all of them are illiterates. His brother studied up to eighth standard. But he had discontinued his studies and is now a bus stand coolie along with his father. He was stopped from going to school when he was in the sixth standard. Again, he joined the school in the same class viz., sixth standard during 1992-93, due to the efforts of a good minded teacher. Again during 1995-96, when he was in ninth standard, he was forced to discontinue on account of poverty. He again joined the school during 1996-97 in ninth standard with the help of his friends and teachers and passed to the tenth standard during 1997-98. Again due to poverty and family condition, he could not continue his studies and after a gap of one year, he joined plus one in 1999 and passed plus two course in 2001. Thereafter, he could not continue the collegiate education as there was no one to help him to pursue his studies. However, due to the help of a college teacher, he applied for admission to B.A. Tamil Literature course commencing from 2002-2003 in the fourth respondent College. He was taken to a college teacher by his friends, who was also a social worker for guidance. To apply for admission for B.A. Literature as he had studied special Tamil as an elective subject on plus two.

(3.) Though the petitioners were sent with admission cards and the first petitioner was selected in the open quota with rank No.2 and the second petitioner was selected under reserved quota in rank No.2 and when they were about to join on 3.7.2002, by paying the necessary fees, the fourth respondent informed that the petitioners could not be admitted due to the impugned Government Order which prescribes an upper age limit of 21 years as on 1.7.2002.