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2020 Supreme(Mad) 1042

AMRESHWAR PRATAP SAHI, SUBRAMONIUM PRASAD
N. S. Sivakumar – Appellant
Versus
Additional Chief Secretary to the Government of Tamil Nadu – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Om Prakash, Senior Counsel for V. Vasanthakumar, V. Arun, K. Ravi Anantha Padmanaban, M. Muthappan for V. Lakshmanan and R. Sankarasubbu
For the Respondent: V. Jayaprakash Narayanan, State Government Pleader and B. Vijay

ORDER :

Amreshwar Pratap Sahi, J.

1. The petitioners in all the writ petitions are candidates of the Backward Class Category claiming relaxation in age at par with the candidates of Schedule Castes and Schedule Tribes, which stands at 48 years, on the ground that they also belong to the reserved category of candidates and, therefore, any denial of age relaxation to them would amount to invidious discrimination by not extending a benefit which otherwise ought to have been also given to the petitioners herein. Their contention is that this is not based on any rationale and there are no reasons available, more so in view of the fact that the respondents had extended this benefit in the previous notification dated 13.1.2019, but for the same vacancies and for the same selections, the fresh impugned notification dated 12.12.2019 omits the said benefit. The affidavit of the State Government as well as the High Court nowhere discloses any rational basis and there being no intelligible differentia decipherable, the said benefit should be extended to the petitioners herein as they also belong to the weaker section of the Backward Class Category. This they say is in order to allow a concession

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