B. SUBHASHAN REDDY, C. J. :- Issuance of writ is sought for directing the second respondent to induct an M.L.A. from Muslim community in the Council of Ministers of the State of Tamil Nadu.

2. The petitioner is an advocate and he filed this writ petition as pro bono publico representing the Muslim minority community in the State of Tamil Nadu and pleading that right from 1954 to 2001, regardless of the parties governing the State, be it Congress, D.M.K. or A.D.M.K., there was at least one Muslim Minister in all those Governments representing the Muslim minority populace of the State of Tamil Nadu and that only presently, after Dr. J. Jayalalithaa took over the reins as Chief Minister of this State on 2-3-2002, there is no representation from Muslim community in the Council of Ministers, and because of the fact of continuous Muslim representation in the Council of Ministers right from 1954 to 2001, the said custom has become a force of law under Article 13 (3) of Constitution of India. One more reason stated is that for administration of wakfs, a Minister from Muslim community is necessary, taking objection that presently, Minister for Labour is also holding the portfolio of