Clarion India
MADURAI – The Madurai Bench of Madras High Court recently directed the state police to promote a Muslim police constable by fixing his seniority on par with his batch mates observing that all human beings should be provided with equal opportunity to unleash their potential and there should not be any discrimination based on one’s caste, race, colour, religion or socio-cultural identity,.
According to The New Indian Express, Justice Battu Devanand passed the order on a petition filed by the constable, M Haja Sherif, in 2016. Sherif participated in the 2007-2008 Grade -II police constable selection and emerged successful. But the authorities did not issue an appointment order to him on the ground that he was a member of an association called ‘Manitha Neethi Pasarai’ which, they claimed, was an offshoot of the Student Islamic Movement of India, Al-Umma and Jihad Committee, which are banned organisations. Sherif approached the High Court twice and on both instances, the court ruled in his favour by noting that ‘Manitha Neethi Pasarai’ was not a banned organisation.
Following this, Sherif was finally issued an appointment order in March 2013. Stating that the five-year delay in appointment was not his fault, he requested the authorities to fix his seniority on par with his 2007-2008 batchmates. But the request was rejected, prompting him to move the High Court with the present petition.
Justice Devanand said he cannot lose sight of the petitioner’s counsel’s contention that only with an intention to prevent the development of minorities, the authorities have curtailed the petitioner’s rights, thereby cementing the stigma that minorities are anti-social elements.
“Discrimination should not be shown in any form, including one’s caste, race, colour, region, religion or socio-cultural identities. Every responsible citizen should be given ample scope to prove their potential in the service of the nation without imposing any hurdles. Mere presumptions and prejudices of anyone acting in any capacity shouldn’t be a valid reason for restricting someone else’s career growth. In this civilised 21st century, this attitude has to be changed in the minds of all, particularly the officers of the state and central governments, who are vested with the statutory powers,” the judge observed. He directed the government to fix Sherif’s seniority on par with his batch mates within a month and provide him all consequential benefits.
