V KANCHAN SOLANKI Vs. DISTRICT COLLECTOR, MADRAS

JUDGEMENT

(1.) The writ petition has been filed challenging the order E5/31281/2011 dated 2-11-2011 passed by the 2nd respondent /Tahsildar, Egmore-Nungambakkam Taluk as illegal and incompetent and without justification and further direct the 2nd respondent to issue Community Certificate to the petitioner as belonging to backward class in accordance with the Gazette Notification No.270 dated 06.12.1999 issued by the Ministry of Social Justice & Empowerment, Government of India.

(2.) It is the case of the petitioner as set out in the affidavit filed by her father Vijayaraj sworn in support of the writ petition, that the petitioner is residing at Shenoy Nagar, Chennai 30 for the past 25 years with ration card at that address. Though the petitioner was born in Rajasthan, she was brought up from her birth at Madras and that she had school education in Chennai and higher studies in medicine in Salem. It is contended that the petitioner belongs to the Sirvi community which has been notified as a backward class community by the Government of Rajasthan and the Tahsildar, Desuri, Pali District, Rajasthan had issued a community certificate dated 16.06.2010 to that effect. However, when she had made an application to the Tahsildar, Egmore-Nungambakkam, Chennai district for issuance of backward community certificate for the purpose of employment in the State of Tamil Nadu, the same had been rejected by the order No.E5/31281/2011 dated 2-11-2011 stating that the Sirvi caste, which the petitioner claims to belong to does not find a place in the list of backward classes notified for the State of Tamil Nadu and hence, it was not possible to issue such a certificate sought by the petitioner. This order is impugned in this writ petition.

(3.) The 2nd respondent has filed his counter affidavit reiterating the reasons stated in the impugned order for rejecting her request to issue community certificate.