Madras High Court
A.Ilayakumar vs The Community Certificate ... on 11 September, 2018
Bench: T.Raja, Krishnan Ramasamy
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.09.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.P.(MD) No.9635 of 2009
and
MP(MD)No.1 of 2009
A.Ilayakumar ... Petitioner
vs.
1.The Community Certificate Verification
Scrutiny Committee,
rep.by its President cum District Collector,
Collectorate,
Virudhunagar Town & District.
2.The Revenue Divisional Officer,
R.D.O.Office,
Sivakasi.
3.The Tahsildar of Rajapalayam,
Taluk Office,
Rajapalayam,
Virudhunagar District.
4.Bharathiya Reserve Bank,
Note Mudran (P) Ltd.,
rep.by Branch Manager,
P.O.RBN ML, Saiboni ? 721 132,
Midnapore (W),
West Bengal. ... Respondents
Petition filed under Article 226 of the Constitution of India to issue
a Writ of Certiorari calling for the records of the first respondent's
proceedings in Na.Ka.J1/37265/2007 dated 20/08/2009 and quash the same.
!For Petitioner : Mr.K.Appadurai
^For R1 to R3 : Mr.V.Anand
Government Advocate
For R4 : Mr.Chevanan Mohan
for M/s.King & Partridge
:ORDER
[Order of the Court was made by T.RAJA, J.] This Writ Petition is directed against the impugned order dated 20.08.2009 passed by the District Level Scrutiny Committee represented by the District Collector, Virudhunagar, in and by which, the Committee has found that the petitioner belongs to Christian Community and not belongs to Hindu Parayan Community. Assailing the same, this Writ Petition has been filed.
2.Learned counsel appearing for the petitioner would submit that the petitioner was born on 07.02.1984 as a second child and he was brought as a Hindu and even now he is professing Hinduism. He was admitted as a student in Saliyar Elementary School on 01.06.1989. The admission register of the said school clearly shows that the petitioner belongs to Hindu Paraiyar Community, which is Scheduled Caste in the State of Tamilnadu. He has completed his schooling in the Government Higher Secondary School, Chathrapatti, Rajapalayam and the school records also clearly show that the petitioner belongs to Hindu Paraiyar Community. After completing his schooling, the petitioner has joined in a Diploma Course viz., Printing Technology at Arasan Ganesan Polytechnic, Sivakasi, where also he was issued with a Diploma certificate indicating that he belongs to Hindu Paraiyar Community. Moreover, he availed scholarships from the State Government which are given to Adi Dravidar under Adi Dravidar Department.
3.In addition thereto, the Special Tahsildar, Adi Dravida Welfare, Srivilliputhur, granted an order of assignment in respect of a house site measuring to an extent of three cents in S.No.1109/1 in Mella Raj Kulla Village on 18.09.1980 in favour of the petitioner's mother under the scheme for providing house sites for landless scheduled caste persons. This apart, the Tahsildar, Rajapalayam, the third respondent herein has also issued a community certificate to the petitioner, specifically mentioning that he belongs to Hindu Paraiyar Community, which is recognised as Scheduled Caste as per the Scheduled Caste and Scheduled Tribe Orders (amendment) Act, 1976.
4.With these educational qualifications, the petitioner has joined as an Industrial Workman Grade ? I, Trainee under the fourth respondent, Bharathiya Reserve Bank, Note Mudran (P) Ltd., Midnapore, West Bengal. At the time of joining in the office of the fourth respondent, he was directed to get a new community certificate in the format of Central Government service. On the said direction, the petitioner has submitted an application to the Tahsildar, Rajapalayam, the third respondent herein to issue community certificate. After conducting thorough enquiry and scrutiny, the third respondent has issued community certificate on 09.10.2006. On receipt of the same, the fourth respondent has sent the community certificate to the District Magistrate on 06.08.2007 for further verification. On further request, the Revenue Divisional Officer/the second respondent herein conducted enquiry and examined (i)the Village Administrative Officer of Mella Rajakularamar Village, (ii) Kalyanasundaram S/o.Avudayanpillai (iii)Alisodai S/o.Thangamani (iv)Thandayutham S/o.Arumugam and (v)the petitioner's father Thangaraj. The aforementioned persons have categorically stated that the petitioner and his family members belong to Hindu Paraiyar Community. Thereafter, the second respondent submitted a confidential report on 31.10.2008 to the first respondent stating that on a surprise spot visit, it was found that the petitioner's claim that he belongs to Hindu Paraiyar Community is false and the petitioner and his family members belong to Christian religion, which is based on the invitation card found in the petitioner's house and the same is no way connected to the petitioner's religion and community. Based on the aforementioned report, the first respondent has passed the impugned order, cancelling the community certificate of the petitioner dated 29.09.2005.
5.To disprove the short finding given by the first respondent which is impugned herein, the learned counsel appearing for the petitioner has filed additional typed set of papers showing the community certificates issued by the revenue authorities in favour of the brothers and sisters of the petitioner's father and copies of the same are also produced, which would clearly show that the petitioner and his family members belong to Hindu Paraiyar Community, although his father is having a Christian name, viz., Anthony.
6.The certificate issued by the Headmaster of Saliyar Primary School, Samusikapuram dated 11.09.2009 clearly shows that one T.Raju S/o.Thangaraj, who is the father of the petitioner belongs to Hindu Paraiyar Community. A copy of the admission register of the said school also indicates that the petitioner's father belongs to Hindu Paraiyar Community. One another certificate issued by the Headmaster of Saliyar Primary School, Samusikapuram, in the name of T.Ayya Pillai S/o.Thangaraj, who is the paternal uncle of the petitioner also indicates that the said Ayya Pillai belongs to Hindu Paraiyar Community. A copy of the admission register of the said Middle school also confirms that the said T.Ayya Pillai S/o.Thangaraj belongs to Hindu Paraiyar Community. The community certificate issued by the Tahsildar, Rajapalayam on 07.08.1995 in the name of T.Ayya Pillai, S/o.Thangaraj clearly shows that he belongs to the same community.
7.A letter dated 11.09.2009 issued by the Headmaster of Saliyar Primary School, Samusikapuram, Rajapalayam and the community certificate issued by the Tahsildar, Ralapalayam on 05.08.1989 in the name of T.Selvaraj S/o.Thangaraj, who is the younger paternal uncle of the petitioner also certifies that he belongs to Hindu Paraiyar Community. In addition thereto, a letter dated 11.09.2009 issued by the Headmaster of Saliyar Primary School, Samusikapuram, Rajapalayam and the community certificate issued by the Tahsildar, Ralapalayam in the name of T.Sekar S/o.Thangaraj, who is also a paternal uncle of the petitioner also certify that he belongs to Hindu Paraiyar Community.
8.The community certificates issued in favour of one S.Manikandan, S.Rajameena and S.Ranjani on 16.07.2012, 21.07.2017 and 16.07.2012 respectively, who are the son and daughters of the said T.Sekar clearly indicate that they belong to Hindu Paraiyar Community. Further, a computarised community certificate issued by the Tahsildar, Rajapalayam in favour of the said S.Manikandan S/o.T.Sekar also indicates that he belongs to the said community. Even the community certificate issued by the Tahsildar, Rajapalayam in the name of one T.Indirani, who is the paternal aunt of the petitioner also indicates that she belongs to Hindu Paraiyar Community. Thus, it is very clear that all the family members of the petitioner belong to Hindu Paraiyar Community. That being the case, the petitioner has applied for the post of Industrial Workman Grade ? I, Trainee under the fourth respondent under SC category. However, as he has secured sufficient marks in the entrance examination for the appointment under general category, he was appointed in the general category on 30.11.2006 as Industrial Workman Grade ? I, Trainee at Salboni Unit, belonging to the fourth respondent.
9.Learned counsel appearing for the fourth respondent submitted that although the petitioner has applied for the post of Industrial Workman Grade ? I, Trainee under SC category, as he secured high marks, his candidature was brought under the general category. Therefore, he was not appointed under SC category and he was considered and appointed in the general category and thereafter, when the petitioner submitted his documents before the fourth respondent, finding all the certificates produced by the petitioner including the community certificate showing that he belongs to SC category, the fourth respondent made a request to the District Magistrate, Virudhunagar for verification of the community certificate No.4479152 dated 29.09.2005 issued by the Tahsildar, Rajapalayam. On verification of the community certificate, the matter was placed before the District Magistrate, Virudhunagar and not before the Adi Dravidar Welfare Officer as alleged by the petitioner. The Revenue Divisional Officer, Sivakasi/second respondent herein who was entrusted for having enquiry into the issue, reported that the petitioner belongs to Christian and not Hindu Paraiyar Community as claimed by him. Only based on the report submitted, enquiry was conducted by the first respondent and thereafter, the impugned order has been passed, holding that the community certificate of the petitioner is not correct and advised the Tahsildar, Rajapalayam to obtain the community certificate from the petitioner and cancel the same.
10.Concluding his argument, the learned counsel appearing for the fourth respondent submitted that the petitioner was not appointed under the SC category, although he claimed in his application that he belongs to SC category, Hindu Paraiyar Community and he was appointed under the general category in the fourth respondent department, as he secured sufficient marks. Secondly, the petitioner, in his letter dated 14.03.2014 sent to the fourth respondent, made a request that he should be considered only under the general category for the purpose of promotion and he would not make any further claim as an SC candidate in future. Therefore, no purpose would be served so far as the controversy raised by the petitioner in the present writ petition relating to his employment is concerned, even if the matter is decided against him.
11.Heard the learned counsel on both sides.
12.The records produced before us including various community certificates of the petitioner's family members viz., T.Ayya Pllai, T.Selvaraj and T.Sekar, paternal uncles of the petitioner; T.Indirani, paternal aunt of the petitioner; S.Manikandan, S.Rajameena and S.Ranjani, son and daughters of the said T.Sekar (as stated above) clearly indicate that the entire family of the petitioner belong to Hindu Paraiyar Community and not Christian.
13.Secondly, the school certificate issued by the Headmaster of Saliyar Primary School, Samusikapuram, dated 11.09.2009 in favour of the petitioner's father, namely, Mr.T.Raju, son of Mr.Thangaraj, also indicates that he belongs to Hindu Paraiyar Community. Moreover, the Admission Register of the said school also indicates that the petitioner belongs to Hindu Paraiyar Community. Even the paternal uncle of the petitioner, namely, Mr.T.Ayya Pillai, son of Mr.Thangaraj also belongs to Hindu Paraiyar Community. The Community Certificate issued by the Tahsildar, Rajapalayam, on 07.08.1995 in favour of Mr.T.Ayya Pillai, son of Mr.Thangaraj shows that he belongs to the same community. Even the younger paternal uncle of the petitioner, namely, Mr.T.Selvaraj, son of Mr.Thangaraj, as per the school certificate issued by the Headmaster of Saliyar Primary School, Samusikapuram, Rajapalayam and the Community Certificate issued by the Tahsildar, Rajapalayam on 05.08.1989 clearly indicate that the younger paternal uncle also belongs to Hindu Paraiyar Community. Moreover, the petitioner's paternal aunt of the petitioner, namely, Tmt.T.Indirani also belongs to Hindu Paraiyar Community as per the Community Certificate issued by the Tahsildar, Rajapalayam. When all the ancestral documents of the petitioner clearly show that his family belongs to Hindu Paraiyar Community, it has not been considered by the first respondent ? Community Certificate Verification Scrutiny Committee, Virudhunagar District.
14.Thirdly, as we highlighted above, the petitioner was not appointed under the SC category, but was appointed under the general category and he has also made a request to the fourth respondent not to consider him under SC category. The petitioner is also not having any child to claim employment. Further, the counter affidavit filed by the fourth respondent does not show that proper enquiry was held by the first respondent after issuing notice to the petitioner or any of his family member. The impugned order also does not mention anything about the petitioner's background. Since the impugned order does not deal with any of the community certificate belonging to Christianity, we are not able to support the same and therefore, the impugned order is liable to be set aside.
15.In the result, this Writ Petition is allowed. The impugned order dated 20.08.2009 is set aside. No costs. Consequently, MP(MD)No.1 of 2009 is closed.
To:
1.The President cum District Collector, Community Certificate Verification Scrutiny Committee, Collectorate, Virudhunagar Town & District.
2.The Revenue Divisional Officer, R.D.O.Office, Sivakasi.
3.The Tahsildar of Rajapalayam, Taluk Office, Rajapalayam, Virudhunagar District.
.