K. Balakrishnan vs The Secretary, Papanasam Labour Welfare Association Higher Secondary School and Others

S.J. Mukhopadhaya, J.—As both these Writ Petitions have been preferred by the same petitioner, and one Writ Petition is dependent on

the other, both the Writ Petitions are heard together and disposed of by this common order.

The petitioner claims that he belongs to Vetan Community, which has been classified as a Scheduled Caste. The Tahsildar, Agasteeswaran

Taluk issued a Community Certificate in his favour on 21.6.1979 and he was appointed as Tamil Pandit in the first respondent-Papanasam Labour

Welfare Association Higher Secondary School, Vikramasingapuram, in June 1990. His father, a retired Central Government Postal Audit

Employee, also belongs to the same Community.

While so working, the School authorities asked for the said Community Certificate and so, another Community Certificate was obtained by the

petitioner on 31.10.1996 issued by the Tahsildar, Agasteeswaram, showing that the petitioner belonged to Vetan Community.

It is alleged that while so functioning in the School, the matter was referred by the authorities. The Revenue Divisional Officer, conducted an

enquiry and submitted a report that the petitioner belonged to Hindu Maravar Community and directed the Tahsildar, Ambasamudram to issue

permanent Community Certificate showing that the petitioner belonged to Hindu Maravar Community. Appeal against the said order was

dismissed by the District Collector, Tirunelveli, which was also confirmed by the State Scrutiny Committee (the second respondent herein) and the

Certificate earlier issued was ordered to be cancelled. 5. In view of the cancellation of the Community Certificate and as the initial appointment of

the petitioner was made against a reserved post of Scheduled Caste, the School authorities, vide impugned order dated 21.5.2002, removed the

petitioner from the services, which was based on the proceedings of the second respondent-Committee, dated 29.4.2002.

In Writ Petition No. 31795 of 2002, while the petitioner challenges the proceedings of the second respondent-Committee, dated 29.4.2002

relating to the cancellation of the Community Certificate, in the other Writ Petition in W.P. No. 19100 of 2002, the petitioner challenges the order

of removal passed by the first respondent-School, dated 21.5.2002.

Learned Counsel for the petitioner relied on one or other document to show that the father of the petitioner also belongs to Vetan Community

and the Community Certificate was issued since 21.6.1979 in favour of the petitioner. It was also submitted that the impugned orders/proceedings

have been passed without proper verification and proper enquiry, which was required under law. It was further submitted that the Community

Certificate dated 21.6.1979 has not been cancelled till date, as the petitioner had been certified that he belongs to Vetan Community.

Learned Counsel for the petitioner further submitted that the proceedings of the respondents show that as per the Presidential Constitution

Scheduled Castes Order, 1950, the Vetan Community has not been scheduled as a Scheduled Caste, but subsequently, the said Constitution

Scheduled Castes Order has been modified, vide Constitution Scheduled Castes (Modification) Order, 1956, and the Vetan Community was

included in the Schedule as a Scheduled Caste with area restriction of Kanyakumari District and Senkottai Taluk of Tirunelveli District from

1.11.1956. Prior to that, there was no restriction of areas and the father of the petitioner, who has joined the post in the Audit/Accounts of the

Postal Department in 1954, has been shown to have belonged to a Scheduled Caste and such being the case, the petitioner should not be termed

to be belonging to Hindu Maravar Community.

Learned Counsel for the petitioner further stated that the respondents have not made proper enquiry as to from which District the petitioner

belongs to, and no opportunity was given to the petitioner, as stipulated under G.O.(2D). No. 108, Adi Dravidar and Tribal Welfare (CV-I)

Department, dated 12.9.2007.

According to the respondents, on 24.4.1990, the Secretary of the first respondent-School communicated to the District Employment Officer,

Tirunelveli, recommending some names of the SC/ST candidates for appointment to the post of Tamil Pandit. After interview, the petitioner was

selected on the presumption that he belongs to SC community.

It is further submitted by the respondents that One Ambedkar Makkal Iyakkam, Tirunelveli District, sent a petition dated 14.8.1996 informing

the School authorities that the petitioner belongs to Servai Community and does not belong to SC Community and the aforesaid petition was sent

by the Secretary of the said Iyakkam, pursuant to which, the School authorities asked the petitioner to submit his Social Status Certificate. The

petitioner also submitted Social Status Certificate issued by the Tahsildar, Agastheeswaram, Kanyakumari District, dated 31.10.1996 and the

Deputy Tahsildar, Agastheeswaram, dated 21.6.1979.

After enquiry, it having been found that the father of the petitioner, as also the petitioner, belonged to Hindu Maravar Community, the Tahsildar

cancelled the Community Certificates issued from 31.6.1996 to 16.5.1997, and the appeal preferred by the petitioner to the Revenue Divisional

Officer, Nagercoil, was also rejected.

In fact, in Writ Petition in W.P. No. 8502 of 1997, which was preferred by the petitioner for quashing the order of the Tahsildar, cancelling the

Community Certificate, this Court, in its order dated 22.11.1997, directed the petitioner to apply to the RDO, Tirunelveli, who was to conduct

enquiry in the presence of the petitioner and examine witnesses etc. The petitioner appeared for such enquiry and chose to examine witnesses and

also placed materials and documents in support of his claim of social status. Those materials were considered by the RDO, Tirunelveli, on merits.

In the meantime, in view of the interim order passed by this Court, the services of the petitioner were not terminated. The RDO, Tirunelveli, after

considering the materials, has passed orders, holding that the petitioner does not belong to Vetan Community, but belongs to Hindu Maravar

Community, which was also accepted by the higher authority.

The respondents further allege that in another Writ Petition in W.P. No. 13719 of 1999, this Court, by order dated 16.8.1999, directed the

District Collector, Tirunelveli, of the State Scrutiny Committee to dispose of the matter. Accordingly, on 22.11.1999, the matter was posted for

enquiry and the petitioner was directed to be present for the enquiry and he also appeared for the enquiry along with the lawyer(s). The said

Committee, on the basis of the records, came to the conclusion that the petitioner does not belong to Vetan Community, but belongs to Hindu

Maravar Community.

We have heard the learned Counsel appearing for the parties and perused the records.

From the proceedings of the second respondent-Committee, dated 29.4.2002, it would be evident that a detailed enquiry was conducted and

large number of evidence was placed before the second respondent-Tamil Nadu State Scrutiny Committee, Adi Dravidar and Tribal Welfare

Department, Chennai.

As per the Presidential Constitution Scheduled Castes Order, 1950, the Vetan Community has not been scheduled as a Scheduled Caste, but

subsequently, by way of modification in the Constitution Scheduled Castes (Modification) Order, 1956, the Vetan Community of Kanyakumari

District and Senkottai Taluk of Tirunelveli District had been scheduled as Scheduled Caste with effect from 1.11.1956. In other areas, it has been

classified as Backward Class in the name of Vedar or Vettaikarar.

It is evident from the proceedings of the second respondent-Committee, dated 29.4.2002, that it was reported before the Committee that the

grandfather of the petitioner, namely Ramasamy Servai migrated from Sankaranpudur of Kanyakumari District and resided at Pappankulam

permanently; he had inter-caste marriage with Maravar community lady and got three sons and two daughters; the elder son, named

Shanmugasundaram, elder brother of the petitioner''s father and the resident of Pappankulam, Ambasamudram Taluk, Tirunelveli District, got

Community Certificate as Maravar and worked as Manager at Ganapathi Middle School, Pappankulam; the second son, named R. Krishnan used

Maravar Community; the third son, named Kalyanasundaram, i.e. the father of the petitioner, born on 10.1.1930 at Pappankulam,

Ambasamudram Taluk, Tirunelveli District and migrated to Chennai during 1955, settled there permanently, and he only claimed Vetan Community

and thus, for the first time, the petitioner''s father was shown to be Vetan Community.

Taking into consideration the status of the grandfather of the petitioner who used to suffix his name as Servai, and also taking into consideration

the date of birth of the petitioner''s father being 10.1.1930 and the place of permanent abode being Pappankulam, Ambasamudram Taluk of

Tirunelveli District and not Kanyakumari District and also considering the other facts, the second respondent-Tamil Nadu State Scrutiny

Committee, came to a definite conclusion that the petitioner does not belong to Vetan Community. A detailed findings of facts, based on evidence

having been recorded by the said Committee, we are of the view that this Court, under Article 226 of the Constitution of India, cannot sit in appeal

over the same, to come to a different conclusion, particularly with regard to caste/community of the petitioner.

In view of the aforesaid findings, while we are not inclined to interfere with the impugned order/proceedings, dated 29.4.2002 of the second

respondent-Committee, the appointment of the petitioner having been made against the post of Scheduled Caste, for the same reasonings, we are

also not inclined to interfere with the impugned order/proceedings of the first respondent-School, dated 21.5.2002, whereby the petitioner''s

services were terminated.

There being no merits, both the Writ Petitions are dismissed, but there shall be no order as to costs. W.P.M.P. is closed.