High Court Orders End to Discrimination in Madurai
Madurai, a city in the southern state of Tamil Nadu, has been struck by a landmark ruling from the High Court that aims to eradicate discrimination based on caste, race, color, origin, and cultural identity. The ruling came in response to a petition filed by Constable Hajasherif from Nellai, who claimed he had faced unfair treatment due to his affiliation with Human Justice Basarai.
According to his petition, Constable Hajasherif cleared the second level police constable examination in Tamil Nadu in 2007-2008. However, he alleged that he was denied the appointment due to his association with Human Justice Basarai. Seeking justice, he approached the High Court, which ordered him to be appointed. Yet, even after the initial order, work was not provided to him, leading him to file another case.
Constable Hajasherif’s plea stated that he was eventually appointed as Constable of Manimuthar Battalion in 2013. However, when he applied for seniority and promotion along with the candidates who were selected in 2007-2008, his request was denied by the commander. With this, the petitioner sought the cancellation of the commander’s order, urging the court to grant him seniority, promotion, and gratuity.
The case was heard by Justice Pattu Devanand, with the public prosecutor arguing that seniority is granted based on the date of joining permanent service and cannot be requested in advance. However, the petitioner’s counsel highlighted the authorities’ discriminatory treatment towards minorities and their intention to hinder their rights and development.
In the final order issued by Justice Pattu Devanand, the court emphasized that birth should not determine one’s opportunities or treatment. The judge stated that there should be no discrimination based on caste, race, color, place of birth, or cultural identity. This ruling aimed to ensure equal opportunities for all individuals, trampling the notion of superiority or inferiority.
Moreover, the court stressed that individuals should not be denied work and promotion without valid reasons of being against the interest or security of the country. It called for a change in attitudes, particularly among central and state government officials, to avoid the unjust suffering of individuals like the petitioner.
The court attributed the five-year delay in Constable Hajasherif’s joining of service to the officials, absolving the petitioner of any responsibility. As a result, the order that refused him seniority since 2007-2008 was quashed. The court further mandated that the petitioner be granted seniority alongside those who joined the service in 2007-2008, and that the seniority be determined within four weeks.
The High Court’s ruling marks a significant step towards upholding equality and fairness in Madurai and serves as a reminder that all individuals should be treated with dignity and granted equal opportunities, regardless of their background or identity.