GNANAPRAKASAM Vs. THE GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The writ petition, styled as a Public Interest Litigation, is filed by a Sri Lankan Tamil refugee. It is stated in the petition that the petitioner with his family was living in Mudur village at Sri Lanka and had to migrate to India on account of the prevalent situation. It is the case of the petitioner that he and similarly other persons have been living in India for the last 25 years (as on the date of filing of the petition). Their children have been studying in State Government schools, but their applications for engineering admissions have been rejected on the ground that they are not Indian citizens.

(2.) The petitioner seeks to invoke Article 21 of the Constitution of India and the International Convention/Treaty, as also the doctrine of Legitimate Expectations. The fact that India is not a signatory to the UN Refugee Convention of 1951 and 1967 is stated to make no difference. The prayer made is that Tamil refugees should be entitled to driving licences, bank accounts, movable articles, educational rights and immovable properties.

(3.) To support the contentions as urged in the petition, learned counsel has referred to the judgments of the Supreme Court in National Human Rights Commission v. State of Arunachal Pradesh, 1996 AIR(SC) 1234 and in Chairman, Railway Board v. Chandrima Das, 2000 2 SCC 465.