The main legal point established is the applicability of the provision for reservation for Economically Weaker Sections (EWSs) in civil posts and services in Government of India and admission in Educational Institutions, as per the Constitution (One Hundred and Third Amendment) Act, 2019, and the subsequent circulars issued by the Union of India and the State of Tamil Nadu.

ORDER :

M.M. Sundresh, J.

(Prayer: in W.P.No.8876 of 2020: Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration, declaring that the impugned letter in RA 5(3)/40521/2017 dated 04.06.2020 issued by the 2nd respondent as unconstitutional and consequently quash the same.)

1. Since the issue involved in these writ petitions is common, all of them have been taken up together and are being disposed of by way of common order.

2. An Office Memorandum was issued by the Union of India represented by its Secretary, Ministry Social Justice and Empowerment, Department of Social Justice and Empowerment, New Delhi, in F.No.20013/01/2018-BC-II dated 17.01.2019 with respect to reserve a provision for reservation for Economically Weaker Sections (EWSs) in civil posts and services in Government of India and admission in the Educational Institutions. The following is the operative portion of the aforesaid Office Memorandum:-

"In pursuance of insertion of clauses 15(6) and 16(6) in the Constitution vide the Constitution (One Hundred and Third Amendment) Act, 2019 and in order to enable the Economically Weaker Sections (EWSs) who are not covered under the existing scheme of reservations for the Scheduled Castes, the Scheduled Tribes and the Socially and Educationally Backward Classes, to receive the benefits of reservation on a preferential basis in civil posts and services in the Government of India and admission in Educational Institutions, it has been decided by the Government to provide 10% reservation to EWSs in civil posts and services in Government of India and admission in Educational Institutions."

3. Another Office Memorandum has been issued by the Government of India, Ministry of Human Resources Development, Department of Higher Education, in F.No.12-4/2019-U1 dated 17.01.2019 which is appositely referred hereunder:

"In accordance with the provisions of the Constitution (One Hundred and Third Amendment Act 2019, and the reference of Ministry of Social Justice and Empowerment vide OM No.20013/01/2018-BC-II dated 17th January 2019, enabling provision of reservation for the Economically Weaker Sections (EWSs) who are not covered under the existing scheme of reservation for the Scheduled Castes, the Scheduled Tribes and the Socially and Educationally Backward Classes, it has been decided to provide reservation in admission to educational institutions subject to a maximum of ten per cent of the total seats in each category. This would not apply to the minority educational institutions referred to in clause (1) of Article 30 of the Constitution of India."

4. Pursuant to the above, the State of Tamil Nadu issued a Circular No.4 of 2019 dated 04.05.2019 in Lr.No.RA 5 (3)/40521/2017 by which instructions were issued for the issuance of Income and Asset Certificate for Economically Weaker Sections (EWSs) so as to enable them to get admissions and appointments on preferential basis in civil posts and services in the Government of India apart from getting admission in Educational Institutions which is coming under it for the provision of 10% reservation. This was withdrawn by impugned order dated 04.06.2020, as a result, all the writ petitions have been filed.

5. The learned Advocate General produced a copy of the communication dated 09.07.2020 by which the impugned circular dated 04.06.2020 was withdrawn and therefore, the Circular No.4 of 2019 has been restored. Therefore, nothing survives in these writ petitions and the writ petitions will have to be dismissed.

6. However, the learned counsel for the respective petitioners sought a clarification to the effect that in the State of Telangana, 10% reservation is being followed. Therefore, the certificate to be issued for the purpose of getting admission in the Educational Institutions coming under the Central Government and the posts reserved for such category in Central Government will have to be made applicable to such posts and admission contemplated or