HARISH TANDON,J. - (1.) THE short point which arises for consideration in this writ petition is whether the benefit as pre-42 settlers can be given to a candidate whose father is a post-42 settlers but the mother is a pre-42 settlers.
(2.) BEFORE proceeding to deal with the aforesaid point evolved in this writ petition, certain admitted facts are required to be narrated. The petitioner admittedly belongs to pre-42 settlers' category as her parental grandfather settled in the islands prior to 1942. The competent authority issued the certificate in this regard as well. Because of the absence of any college imparting professional/technical courses including MBBS and BDS, Ministry of Home Affairs, Government of India decided to reserve certain seats in the various institutions located at the mainland. Under the said scheme of the Ministry of Home Affairs, Government of India, though seats were earmarked for various categories viz. tribals, deputationist, the Central Government Employees with transfer liability to serve outside the Union Territory where the candidates have studied the last two years in the islands, settlers who settled prior to 1942 and the other settlers, other locals who are neither the pre-42 or post-42 settlers provided they have incurred 10 years education in the islands and lastly to all the residents of the island irrespective of any classification, it has been the practice, since the aforesaid decision, that the Andaman and Nicobar Administration shall publish a provisional merit list concerning the respective categories for inviting any objections from any corner. If no objection is filed or if any objection is filed, a final list is published upon disposing of the said objection. It is pertinent to record that this writ petition is restricted to a category of pre-42 settlers being category (iii) to the said order of the Ministry of Home Affairs, Government of India. The private respondents were considered under the pre-42 settlers category and have been placed above the position of the petitioner.
(3.) THE provisional list was published by the Administration inviting the objections on or before 18th July, 2012 and the petitioner raised objection on 20th July, 2012. Though the said application was filed belatedly, the authority considered the said objection and found that the candidature of the private respondent was rightly considered under the category of pre-42 settlers and subsequently published the final list on 28th August, 2012. From perusal of the provisional list, it appears that the private respondents are placed in serial nos. 3, 5 and 7 whereas the petitioner is placed in 8th position. THE final list is the replica of the provisional list. The bone of the contention of Mr.Tabraiz, learned advocate appearing for the petitioner is that the private respondents should not be considered under the category of pre-42 settlers as admittedly the father of those private respondents is post-42 settler, even if the mother belongs to the category of pre-42 settlers. He placed reliance upon the judgment of the Supreme Court in the case of Parents Association vs. Union of India reported in AIR 2000 SC 845 in support of his contention that, although the quota which has been fixed by an order dated 30th May, 1996 issued by the Ministry of Home Affairs, Government of India but such reservation was made on the basis of the difficulties which the settlers faced because of backwardness, undevelopment, and inhospitable conditions. However, for the proposition that the caste should be determined on the basis of the caste of the father, he placed reliance upon the judgment of the Guwahati High Court reported in 2009(4) Guwahati Law Time 308. The aforesaid contention of Mr.Tabraiz is not tenable, for one simple reason, that the determination of the caste and the privileges given to a person as a pre-42 settlers stands on a different footing. ;