There is nothing eternal about one’s OBC status: Madras HC
The petitioner sought a direction to declare Schedule-I to Tamil Nadu Government Servants (Conditions of Service) Act, which includes Christian Nadar, Christian Shanar, Christian Gramani, converts to Christianity in Meenavar, Parvatharajakulam, Pattanavar and Sembadavar and Mukkuvar or Mukayar, as being violative of Articles 14, 15(1) and 16 of the Constitution. It is the petitioner’s case that the fundamental right to equality of opportunity guaranteed under Article 16(1) to genuine members of the backward classes cannot be sacrificed at the altar of political expediency. Because some entities have enjoyed the privilege of reservation for a few decades, would that necessarily mean that the original inclusion was constitutionally justified, merely.
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The court said this while ordering notice to the state on a plea challenging Schedule-I to Tamil Nadu Government Servants (Conditions of Service) Act. He wanted a direction to the authorities to delete the said communities from Schedule-I to the Act and from the list of backward classes, most backward classes and denotified communities. As and when a challenge is mounted, the government is obliged to demonstrate to the court’s satisfaction that inclusion or retention of the concerned entity in the OBC list is constitutionally warranted or justified. ” “The petitioner’s counsel startled us by asserting that if a Brahmin gets converted and joins CSI denomination, he can enjoy OBC status as per the present statutory framework. “In view of the aforesaid submissions, we are satisfied that the petitioner has established a prima facie case that warrants deep constitutional scrutiny,” the judges observed and ordered notice to the state government.
The court was hearing a petition filed by G Kodeeswaran of Madurai district. A division bench of Justice G R Swaminathan and Justice M D Sumathi observed, “A clear case has to be made out for inclusion or retention in the OBC list. We answer in the negative. If this assertion is true, then a serious re-think is certainly called for,” the judges observed. The petitioner, a youth hailing from the kallar community, which is a notified backward class, has applied for the Combined Civil Services Examination IV (Group IV Services) pursuant to a notification issued by the Tamil Nadu Public Service Commission. Join conversation Share your thoughts in the comments Be respectful · TOI community guidelines The judges observed that the petitioner also points out that an even more glaring anomaly is found in the differential treatment meted out to different categories of converts. Download the TOI App.
Madurai: There is nothing axiomatic or eternal about one’s OBC status and a clear case has to be made out for inclusion or retention in the OBC list, Madras high court observed on Thursday.