R. Rajangam vs District Elementary Educational Officer, Assistant Elementary Educational Officer and The Headmaster, Panchyat Union Primary Middle School

D. Murugesan, J.—Mr. R. Muthaian, learned Government Advocate takes notice for the Respondents. By consent, the main writ petition itself is taken up for disposal.

The Petitioner has filed this writ petition seeking for a direction forbearing the Respondents from insisting on production of community certificate by the Petitioner as a condition precedent for joining as Secondary Grade Teacher at the Panchayat Union Primary Middle School, Padayanandalpatti Kottampatti Union. It is the case of the Petitioner that the Petitioner obtained the community certificate from Tahsildar, Madurai North on 10.3.89 to the effect that the Petitioner belongs to Kattunaicken community which is a Scheduled Tribe as per notification. However, the Petitioner was appointed by the 1st Respondent in his proceedings dated 17.1.2001 as Secondary Grade Teacher in the 3rd Respondent school. But in the appointment order it has been stated that the Petitioner should produce a community certificate obtained from the District Revenue Officer and submit the same before the 3rd Respondent at the time of joining. The said condition imposed by the 1st Respondent has been challenged by the Petitioner on the ground that the Petitioner is a holder of a community certificate issued by Tahsildar Madurai North as early as on 10.3.89. As per the order of the Government in G.0.2137 AD & TW dated 11.11.89, all the certificates issued by the Tahsildar in respect of Scheduled Tribe community shall be valid unless it is otherwise cancelled for any other reason. The Learned Counsel submitted that the said order of the Government came up for consideration before this Court as well as in the Supreme Court in the judgment reported in R. Kandasamy Vs. Chief Engineer, Madras Port Trust, '' and the Supreme Court has held that the Respondent cannot insist the production of a community certificate from such of those persons who have obtained community certificate from the Tahsildar on or prior to 11.11.89. Therefore, the condition imposed by the 1st Respondent directing the Petitioner to produce the community certificate from the District Revenue Officer once again is patently illegal and contrary to the Government Order referred to above as well as the judgment of the Supreme Court. Therefore, the Learned Counsel submitted that the writ petition has to be allowed.

I heard the learned Government Advocate for the Respondents. The learned Government Advocate also does not dispute the fact that the Petitioner who has been issued with a community certificate prior to 11.11.89 cannot be insisted upon getting another certificate from the Distirct Revenue Officer.

In that view of the matter, the Petitioner is entitled to succeed in the writ petition and the condition imposed by the 1st Respondent directing the Petitioner to produce a community certificate obtained from the District Revenue Officer cannot be insisted upon the Petitioner as a pre-condition to join in the 3rd Respondent school as per the appointment order of the 1st Respondent dated 17.1.2001. Accordingly, the same is set aside and the writ petition is allowed. No costs. Consequently, W.M.P. No. 1675 of 2001 is closed.