G SARATH RAJ Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) THIS writ petition has been filed by a successful candidate in the selection process for appointment to the post of Civil Judge (Junior Division/judicial Magistrate-I Class) in the Tamil Nadu State Judicial service.

(2.) ACCORDING to the learned senior counsel appearing for the petitioner, when applications have been called for, for appointment to the post of Civil Judge (Junior Division/judicial Magistrate I-Class) in the year 2003, the petitioner also applied for the same under the Scheduled caste quota. The petitioner got through in the selection process. However, by the order of the third respondent dated 16. 9. 2005, the petitioner was informed that his request for publication of withheld result relating to the appointment to the post of Civil Judge (Junior Division/judicial Magistrate I-Class) in the Tamil nadu State Judicial Service 2002-2003 will arise only on receipt of clarification sought for from the Government regarding the communal status to be awarded to those who were born to Christian parents and later on converted to Hinduism.

(3.) ACCORDING to the learned senior counsel appearing for the petitioner though the petitioner was repeatedly submitting representation to the second respondent demanding the publication of his withheld result, the same was not informed to the petitioner. Finally, the impugned order was passed. Though the petitioner was born to Christian parents, subsequently he converted to Hinduism through proper procedure and he was recognized by the community members only as a Paraiyan. That apart, even the educational certificate which has been issued to him prior to his conversion also reveals that the petitioner belongs to Paraiyan community. That apart, according to the learned Senior counsel the fact of conversion of the petitioner to Hinduism is not disputed and also the fact that he belongs to Paraiyan community even while embracing Christianity and also subsequent to his conversion is also not disputed. Under such circumstances, according to the learned senior counsel, the petitioner is a member of Paraiyan community continuously from his birth. That apart, as per the certificate issued, he is a scheduled caste. The said certificate is in force even today. As such, the issue whether he can claim any benefit of scheduled caste cannot be agitated and on that ground, the petitioner's result cannot be withheld. That apart, according to learned senior counsel appearing for the petitioner, the order of the second respondent is unreasonable and arbitrary.