SUNANDA KEDARE Vs. DIRECTOR

JUDGEMENT

(1.) THE petitioner has sought for writ of mandamus to direct the respondents to consider the petitioner's son to avail all the benefits provided under the reservation for SC/ST based on the certificate properly issued by the competent authority, 'Form of Caste Certificate', vide Doc.No.D -6/43900/2007 dated 17.10.2007.

(2.) THE petitioner herein is a native of Maharashtra. On transfer of her husband, who is a Training Officer, in the year 2001 from Mumbai to Regional Directorate of Apprentice Training, Government of India, Ministry of Labour DGE and T, New Delhi, the petitioner and her family are living in Tamil Nadu. According to her, she and her husband belonged to Scheduled Caste community (Magar) in Maharashtra State. In order to avail of the benefits available to the said community students, she applied for community certificate for her elder son to the Tahsildar, Guindy. On 17.10.2007, the Tahsildar issued the caste certificate. The petitioner's son is now studying in the first respondent University and sought for benefits that are attached to the students belonging to the Scheduled Caste community. However, the prayer was rejected stating that the petitioner's son is not entitled to any of those benefits extended to the students of Scheduled Caste Community. The petitioner sent a representation to the first respondent, who had forwarded the same to the second respondent herein. So far no action had been taken. In the circumstances, the present Writ Petition has been filed to consider the petitioner's request to grant all the benefits attached to the reserved community.

(3.) ON notice, learned Special Government Pleader appearing for respondents 2 and 3 referred to the decision reported in (1994) 5 SCC 244 (Action Committee V. Union of India) as well as the decision reported in (2009) 15 SCC 458 (Subhash Chandra and another V. Delhi Subordinate Services Selection Board and others) and submitted that the community certificate obtained in a different State will not be of any benefit to the petitioner herein, unless the community is notified in the State falling under Scheduled Caste community. He pointed out that the decisions of the Supreme Court clearly negatived the similar claim; consequently, the prayer cannot be granted.