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Judgment
Petitioner seek issuance of Writ of Cetiorarified Mandamus calling for the records of first Respondent in proceedings No. 8901/B2, dated 9.3.1995 and quash the same as illegal, incompetent and unconstitutional and to direct Respondents to forbear from dispensing with the services of Petitioner and pass such further orders.
Petitioner hails from Kanyakumari District and she belongs to Hindu Kavara Community, which is a recognised Scheduled Caste Community. The same has been recorded in her certificate which she had been issued after passing 10th standard (S.S.L.C). She has also been awarded Harijan Welfare Scholarship through her education.
She applied for the post of Steno-Typist in Group IV Services in the State of Tamil Nadu, claiming herself to be Scheduled Caste. She was appointed as Steno-Typist in the Ministerial service.
Reason for filing this writ petition is that Tamil Nadu Public Service Commission, who is the first Respondent in this case sought to oust the services of the Petitioner on the ground that she has produced false community certificate. Accordingly to her, there is no false certificate filed by her and all the documents produced by her will show that she belonged to Scheduled Caste Community only. She was issued with the certificate by the then competent authority i.e., Tahsildar, Kalkulam that she belongs to Scheduled Caste Community being Hindu Kavara and various Government Orders show that Hindu Kavara Community in Kanyakumari District is a Scheduled Caste Community. Her school records also show that she belongs to Hindu Kavaraa Community.
When a doubt was expressed that she does not belong to Scheduled Caste Community, she thought of getting another certificate from the very same authority. That authority refused to give Petitioner, a certificate '' stating that she belongs to Hindu Maruthuva Community which is a most backwark Community. Authority was of the view that there is no person belonging to Hindu Kavara Community in Kanyakumari District and therefore it cannot issue such certificate. On the basis of that certificate, first Respondent has issued the impugned proceedings whereby her community certificate was cancelled, and she was also barred from writing examinations conducted by Tamil Nadu Public Service Commission for a period of three years from 21.12.1994. According to Petitioner, impugned order violates principles of Natural justice and the same is per se illegal.
When the matter came for admission, an interim order was given not to terminate the service of Petitioner. In the counter affidavit filed by first Respondent it is said that she hails from Kanyakumari District and Kavara Community in Kanyakumari District and Sencottah Taluk of Tirunelveli District has been classified under the list of Scheduled Caste. It is said that as the community certificate was not in order, she was directed to send a copy of community Certificate from the competent authority. In that community certificate obtained from Head Quarters Deputy Tahsildar, it was certified that she belong to Hindu Maruthuva Community, which is included in most backward class. When that certificate was presented before the authorities, Petitioner also stated in her letter accompanying same that she belongs to Scheduled Caste being Hindu Kavara Community and Tahsildar concerned refused to give community certificate to the effect that she belongs to Kavara Community stating that there is no community now as Kavara in Kanyakumari District. It is further said while examining documents viz., Transfer certificate and first page of S.S.L.C. book produced by her along with her application, it was seen that Petitioner availed scholarship from the Harijan Welfare Department.
Under these circumstances, Collector of Kanyakumari was addressed to enquire whether Petitioner really belongs to Scheduled Caste or Most Backward Community? In reply, Collector informed that the candidate belongs to Hindu Maruthuvar community, which is recognised Most Backward Community. It is on that basis impugned order was passed and that there is no illegality in the order.
We heard the learned Counsel on both sides.
Admittedly Petitioner obtained Community certificate issued by competent authority on 8.7.1981, wherein she has been declared as a member of Hindu Kavara Community. This Community is treated as Scheduled Caste in Kanyakumari District is admitted in the counter affidavit. Apart from the same, Petitioner herself has produced relevant Government orders to substantiate the claim that Kavara Community in Kanyakumari District is a Scheduled Caste. Item 31 of the Schedule of Government Order dated 23.6.1981 shows the same.
Regarding the validity of certificate we need only take guidance from the decision of Honourable Supreme Court reported in R. Kandasamy Vs. Chief Engineer, Madras Port Trust, . Tahsildars and Revenue Divisional Officers were competent authorities to issue community certificates before 11.11.1989. In this case certificate was issued on 8.7.1981. Considering the validity of such community certificates, Honourable Supreme Court in paragraphs 4 to 6 of the judgment held thus, "4. We have heard learned Counsel for the parties and perused the record, para 4 of the G.O. Ms. No. 2137 dated 11.11.1989 reads thus:
The Government directs that the Community Certificate in respect of all communities included in the list of Scheduled Tribes, for the purpose of appointments in Public Services under the Central and State Governments, Public Sectors Undertakings, quasi-Government institutions, Banks, etc., shall hereafter, be issued only by the Revenue Divisional Officers.
On a doubt being raised regarding the validity of certificates issued by the Tahsildar prior to 11.11.1989 the Joint Secretary to the Government of Tamil Nadu on 3.4.1991 informed the Collectors of Various districts in Tamil Nadu that "the permanent Community Certificate issued to Scheduled Tribes and Tahsildars up to 11.11.1989 is valid. This communication has been placed on record in the High Court. From a combined reading of G.O. Ms. 2137 dated 11.11.1989 and letter of the Joint Secretary dated 3.4.1991, (supra) it follows that whereas a Community Certificate after 11.11,1989 is required to be issued by the Tahsildar prior to 11.11.1989 are valid certificates. In view of this position, it was not proper for the Respondent to have insisted upon a fresh certificate to be produced by the Appellant from the Revenue Divisional Officer as admittedly the Community Certificate produced by the Appellant had been issued by the Tahsildar concerned in 1987, that is, prior to 11.11.1989.
In our opinion the Community Certificate issued to a Scheduled Tribe Candidate by the Tahsildar prior to 11.11.1989 is a good and valid (Community Certificate for all purposes so long as such a certificate is not cancelled. The authorities cannot decline to take that into consideration and insist upon a fresh community certificate from the Revenue Divisional Officer.
(Emphasis Supplied).
Respondents have not taken any steps to cancel the certificate. Till date, Certificate obtained by Petitioner stands. When that certificate is in existence and it is presumed to be valid, we do not think that the impugned order could be supported.
Learned Government Pleader submitted that a discreat enquiry was made by District Collector wherein it was found that Petitioner belongs to Hindu Maruthuvar Community, which is a Most Backward Community. When Petitioner also attempted to get another certificate to the effect that she belongs to Hindu Kavara Community, Tahsildar refused to issue such certificate on the ground that people belonging to Kavara Community is not now in existence in Kanyakumari District and therefore she was compelled to accept such certificate issued by Tahsildar. Along with that certificate, she also produced all prior documents on the basis of which she got admission in school, scholarship from Harijan Welfare Department, etc. when earlier documents produced by Petitioner show that she belongs to Kavara Community and latter certificate issued by Tahsildar states otherwise, District Collector was directed to enquire into the matter. District Collector seems to have made discreet enquiry and came to the conclusion that Petitioner belongs to Hindu Maruthuvar Community only.
Learned Counsel for Petitioner submitted that the enquiry by Collector was without notice to her and she came to know for the first time only through counter affidavit filed in this case. Learned Government Pleader was also not in a position to explain the circumstances and basis on which Collector certified that Petitioner belongs to Hindu Maruthuvar Community. We do not think that it will be proper on our part to rely on such ex parte enquiry to hold that Petitioner belongs to Hindu Maruthuvar Community. No reliance could be placed on such enquiry report.
It is only solely on the basis of enquiry report submitted by Collector first Respondent passed the impugned order. Once enquiry report is found to be invalid, it follows that the consequential order passed by first Respondent also had no legal value.
In this collection it is only proper to rely on the decision reported in 1997 Writ L.R.508 (M.V. Subramaniam v. Additional Collector, Salem and Anr.). Wherein their Lordships held that cancellation of Community Certificate without following the principles of natural justice is not to be relied on.
Learned Government Pleader further submitted that Petitioner has been debarred from writing any examinations conducted by Public Service Commission for three years and that period has already over and consequently writ petition itself has become infructuous. We do not find any substance in the said contention. In the impugned order it has been held that Community certificate submitted by Petitioner is false and she belongs to Hindu Maruthuvar Community only and consequently she is debarred from appearing for test or examination for three years. Even though three years have now lapsed, the finding that she does not belong to Hindu Kavara Community will have to be set aside, for otherwise her prospects in employment are also likely to be affected. The contention that the writ petition has become infructuous is therefore rejected.
In the result, the impugned order is quashed. We declare that Petitioner is entitled to continue in service as if she belongs to Hindu Kavara Community of Kanyakumari District, which is a recognised Scheduled Caste. If any departmental proceedings have been taken pursuant to the order of first Respondent, we make it clear that the said proceedings also shall not continue hereafter.
The writ petition is allowed as above. No costs. Consequently, W.M.P. Nos. 15892 and 15893 of 1995 are closed.