J. Annadurai vs Teachers Recruitment Board

N. Paul Vasanthakumar, J.—Prayer in the writ petition is to issue a writ of certiorarified mandamus to call for the records on the file of the

second respondent in connection with the order passed in proceedings R.C. No. 1891/B4/06 dated 26.7.2006 and quash the same to the extent

of rejection of the claim of the petitioner for appointment to the post of B.T. Assistant on the basis of the community certificate produced by the

petitioner dated 1.10.1997 and 14.2.2006 under the quota for Scheduled Caste along with other candidates selected and appointed in 2006 with

effect from the date of appointment given to them with all monetary benefits and service benefits given to other candidates.

The brief facts necessary for disposal of the writ petition as stated in the writ petition are as follows.

(a) Petitioner passed B.Sc (Chemistry) in 2003; B.Ed degree in 2004 and M.Sc degree in 2006. He registered his name in the District

Employment Office at Trichy in 2004 for appointment to the post of B.T. Assistant in the Government and Panchayat Union Schools.

(b) The second respondent invited applications from the eligible candidates for appointment of B.T. Assistants. Petitioner applied for the same with

all documents including xerox copy of the community certificate dated 11.4.1997. Petitioner was called upon to attend the written test on

6.11.2005 and the petitioner appeared for the same and passed. Petitioner was called for certificate verification on 16.2.2006 and he produced all

the certificates including the original community certificates obtained on 14.2.2006. An oral test was conducted and at that time, the petitioner was

called upon to produce the original community certificate dated 11.4.1997. Petitioner informed that the said certificate was lost due to flood and

thereafter the petitioner was directed to handle the classes.

(c) On 1.3.2006 the selection list was published and the petitioner''s name was not found in the selection list. On 2.3.2006 petitioner got the old

original community certificate and produced the same in person in the office of the second respondent. The Joint Director of Teachers Recruitment

Board, after verifying the same requested the petitioner to submit a letter with two attested copies of the old community certificate dated

11.4.1997 stating that the same could not be produced at the time of oral test and as per the direction the petitioner also gave a letter with two

attested copies of the old community certificate. In spite of the same, petitioner was not issued with any selection order and therefore the petitioner

filed a writ petition before this Court in W.P. No. 4988 of 2006 and prayed for issuing a writ of mandamus directing the respondent to select the

petitioner as B.T. Assistant (Chemistry) on the basis of the marks secured by him under the quota reserved for scheduled caste community. This

Court by order dated 4.7.2006 passed the following order.

Considering the submission of the learned Counsel for the petitioner and the learned Additional Government Pleader, the second respondent is

hereby directed to consider the application of the petitioner for appointment to the post of B.T. Assistant and pass appropriate orders on the same,

if he is otherwise qualified in respect of education and other aspects. The second respondent shall also consider the certificates dated 1.10.1997

and also 14.2.2006 produced by the petitioner in respect of his community. It is made clear that the authority shall not reject the application of the

petitioner on the ground of community certificate alone if the authority is satisfied that the Community certificate is genuine and pass appropriate

orders within a period of four weeks from the date of receipt of a copy of the order. With the above direction, this petition is disposed of.

(d) By the above order, the respondent was directed to pass orders within four weeks pursuant to which the second respondent passed the

impugned order on 26.7.2006, wherein it is stated that the petitioner was not selected due to the production of community certificate dated

14.2.2006 and he will be considered as scheduled caste candidate for future recruitment. The denial of selection is on the ground that the

community certificate dated 14.2.2006 falls after the cut off date 12.9.2005. In the said order, the second respondent also taken note of the

community certificate dated 1.10.1997. The said rejection of selection and appointment of the petitioner by the impugned order dated 26.7.2006

is challenged in this writ petition.

The learned Counsel appearing for the petitioner argued that the petitioner''s community certificates are dated 1.10.1997 and 14.2.2006 and he

having been treated as scheduled caste candidate, even as per the impugned order, the second respondent is not justified in stating that the

petitioner''s claim will be considered for future selection. Petitioner having produced community certificate dated 1.10.1997, which is eight years

prior to the cut of date 12.9.2005, respondents are not justified in passing the impugned order. The learned Counsel for the petitioner also

submitted that the same issue was considered in W.P. No. 4988 of 2006 and in para 7 of the order dated 4.7.2006, this Court stated that the

authority shall not reject the application of the petitioner on the ground of community certificate alone.

I have considered the rival submissions made by the learned Counsel for the petitioner as well as the learned Counsel for the respondents in the

light of the earlier order dated 4.7.2006 passed in W.P. No. 4988 of 2006.

It is not in dispute that the petitioner produced community certificate dated 1.10.1997 wherein the petitioner''s community is stated as Scheduled

caste. The said certificate was issued by the Tahsildar, Thuraiyur. The said certificate was not cancelled or doubted by any person including the

second respondent. On 14.2.2006 petitioner again obtained a community certificate to show that he belongs to scheduled caste community. The

said certificate is a reiteration of the original community certificate dated 1.10.1997 and it cannot be treated as a new community certificate as

stated in the impugned order.

It is well settled in law that once community certificate is issued by the competent authority, so long as the same is not cancelled in a manner

known to law, everybody is bound to accept the same and act on the basis of the said certificate.

Here in this case, this Court on an earlier occasion directed the respondents to treat the petitioner as scheduled caste candidate and passed

orders with regard to the petitioner''s selection. The second respondent having accepted the petitioner as Scheduled caste candidate, is not justified

in stating that the claim of the petitioner will be considered for future selection, particularly when the petitioner produced two community certificates

one of the year 1997 and the second one of the year 2006. It is not the case of the respondents that the petitioner has not reached his turn for

selection, as persons secured lower marks than the petitioner are selected as B.T. Assistant (Chemistry).

For the above reasons, the impugned order dated 26.7.2006 cannot be sustained and the same is set aside. The second respondent is directed

to issue appointment order to the petitioner based on the selection, within four weeks from the date of receipt of copy of this order, if the petitioner

is otherwise eligible, without reference to the production of the community certificates dated 1.10.1997 and 14.2.2006. It is made clear that the

petitioner shall be treated as scheduled caste candidate for the purpose of selection and orders to that effect shall be passed as stated supra.

The writ petition is ordered with the above direction. No costs. Connected miscellaneous petitions are closed.