J LOGANATHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) WRIT petition filed under Article 226 of the Constitution, praying to issue a WRIT of Certiorarified Mandamus, calling for the records relating to the order dated 19.4.2006 in O.A.No.1129 of 2004 of the 5th respondent upholding the Resolution No.12011/4/2002-BCC, dated 13.1.2004 issued by the 4th respondent insofar as it operates prospectively and Order No,22012/62/2003-AIS(I), dated 30.9.2004 issued by the 1st respondent quash the same and direct the respondents to allot the petitioner to any All India Service on the basis of the selection conducted pursuant to the Civil Services Examination-2001 by treating him as a candidate belonging to Other Backward Caste community with all consequential benefits arising therefrom. This case would narrate as to how the slumberous attitude exhibited on the part of the Governmental authorities, in rectifying the mistakes committed by them, would dig a deep pit in the career of an individual and spoil his prospects and opportunities.

(2.) THE facts, shedding out the unnecessary details, required for the disposal of this matter are that the petitioner, belonging to Kannadiyar community, declared as 'OBC' in the State of Tamil Nadu, had applied for the Civil Services Examination held by the 2nd respondent during 2001, but the claim of the petitioner that he belong to 'OBC' was not accepted by the Government of India, on the ground that as per the notification issued by the Union Government, the community 'Kannadiyar' was declared as OBC only in three districts of Tamil Nadu viz. Coimbatore, Periyar and Nilgiris and inasmuch a the petitioner belonged to the Cuddalore District, he was not considered to be belonging to OBC.

(3.) IT has been further submitted by the petitioner that after the judgment of the Honourable Supreme Court in Indra Sawhaney's case [Indra Sawney Vs. Union of India, 1992 Supp. (3) SCC 217], the fourth respondent herein prepared a list of backward classes for reservation of 27% vacancies in civil posts and services under the Government of India that the enumeration of the backward classes in respect of various States was made on the basis of the recommendation made by the third respondent and this recommendation was based on the enumeration done by various Backward Classes Commissions of the States, however, when the third respondent made a recommendation to the fourth respondent, by error, it relied upon the earlier enumeration included in G.O.Ms.No,72 Social Welfare Department dated 1.2.1980 of the State of Tamil Nadu, even though the same had been corrected and rectified in the two latter orders dated 1.8.1984 and 29.5.1987.