Madras High Court
Leela vs The District Collector on 13 April, 2016
Bench: S.Manikumar, S.S.Sundar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2016 CORAM THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HON'BLE MR.JUSTICE S.S.SUNDAR W.P.(MD)No.7165 of 2016 Leela ... Petitioner Vs. 1.The District Collector, Pudukottai District, Pudukoittai. 2.The Tahsildar, Manamelkudi Taluk, Pudukottai District. ... Respondents PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 2nd respondent to consider the application dated 19.05.2014 and 10.09.2014 to issue Hindu Aadi Dravidar Community Certificate, in the light of the G.O.MsNo.1 ?Aadi Dravidar & Tribal Welfare (CV-1) Department?, dated 02.01.2009. !For Petitioner : Mr.K.Gokul For Respondents : Mr.S.Kumar, Addl.Govt.Pleader :JUDGMENT
(Order of this Court was made by S.MANIKUMAR, J.) This Writ Petition has been filed praying for issuance of a Writ of Mandamus, directing the 2nd respondent to consider the application of the petitioner, dated 19.05.2014 and 10.09.2014 and to issue Hindu Aadi Dravidar Community Certificate, in the light of the G.O.MsNo.1 ?Aadi Dravidar & Tribal Welfare (CV-1) Department, dated 02.01.2009.
2.Mr.S.Kumar, learned Additional Government Pleader takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal.
3. As regards issuance of community status certificate for converts from other religion to Hinduism, Sikkism, etc., the Government, have issued G.O.Ms.No.1 ?Aadi Dravidar & Tribal Welfare (CV-1) Department?, dated 02.01.2009, which is extracted hereunder:-
ABSTRACT Adi Dravidar Welfare - Scheduled Castes- Christian Adi Dravida converted to Hindu religion - Eligibility for enjoyment of rule of reservation - Fresh instructions ? issued.
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Adi Dravidar and Tribal Welfare (CV-1) Department G.O.Ms. No. 1 Dated: 02.01.2009 khh;fHp 16, jpUts;Sth; Mz;L 2039 Read :
1. From the Government of India Ministry of Home affairs letter dt: 35/1/72 ? RU(SCT-V) Dated : 2.5.1975
2. The decision of the Hon'ble Supreme Court of India in S.L.P (C) No. 27571/95, Dt: 25.1.1996.
3. Government letter (Ms) No. 81, Adi Dravidar and Tribal Welfare Department, Dt: 19.9.2000.
Read Again:
4. Orders of the Hon'ble High Court of Madras in W.P.No. 14769/ 2002, Dt: 13.4.2007.
5. Legal opinion obtained from the Government Pleader, High Court, Madras No. 26/2008, Dt: 5.5.2008.
6.From the Additional Advocate General, Hon'ble High Court, Madras letter Dt: 10.6.2008.
7.Legal opinion issued by the Advocate General, High Court of Madras No. 43/2008, Dated : 19.9.2008.
ORDER:
In the Government letter 3 read above, based on the orders of the Hon'ble Supreme Court of India in S.L.P. (C) No. 27571 of 1995 second read above, it was clarified by the Government that the born Christian (Children born to Christian parents), even after conversion to Hinduism at a later date they are not eligible to obtain the Community Certificate as Hindu Adi Dravida and they cannot enjoy the constitutional benefits conferred to the Hindu Adi Dravida.
2. Challenging the above clarification issued by the Government of Tamil Nadu W.P.No. 14769/2002 has been filed in the High Court of Madras. The Hon'ble High Court of Madras in its order Dt: 13.4.2007 among other things have ordered as follows:-
"xxxx We, accordingly, set aside the aforesaid clarification, as given in sub-paragraph to paragraph-2 of the letter dated 19th Sept.2000, issued by the Secretary to Government, Adi Dravidar and Tribal Welfare and remit the case to the authority concerned with direction to issue a fresh clarification giving reference to the other judgments rendered by the Supreme Court, as discussed above within a period of two months. The rest part of the order contained in Letter (Ms). No. 81, dated: 19th Sept. 2000, issued by the Secretary to Government, Adi Dravidar and Tribal Welfare Department is upheld xxxx".
3. Based on the opinion given by the Advocate General of Tamil Nadu and Additional Advocate 'General, High Court of Madras the Government have issued favourable orders in certain cases, considering the individuals born to Christian Adi Dravidar parents converted to the Hinduism at a later date and accepted by their caste people, are entitle for the privileges conferred under the Constitution of India and therefore the Government have issued orders to them for. appointment against the Schedule Caste Quota, in the recruitment made by the Tamil Nadu Public Service Commission.
4. In order to clear the ambiguity and also to certify the Adi Dravidar people who have converted to Hinduism, Sikhism or Buddhism from other religions, the Government have issued the instructions as referred to In para 2 above based on the orders of the Hon'ble High Court of Madras, the instructions of the Government of India, orders of the Honible Supreme Court, legal opinion given by the Advocate General and Additional Advocate General, Government of Tamil Nadu, the Government have examined the issue in detail. As per the orders of the Hon'ble High Court of Madras, the Government have now issue the following revised instructions cancelling the clarifications issued in letter No. 81, Adi Dravidar and Tribal Welfare Department, Dt:
19.9.2000.
" The children born to Christian Schedule Caste parents i.e., Christian by birth, converted to Hinduism, Sikhism or Buddhism at a later date and the Scheduled Caste parents embracing Hinduism, Sikhism or_Buddhism converted to other religion and subsequently reconverted to Hinduism, Sikhism or Buddhism if they are accepted by their community people the Revenue Authorities can issue Scheduled Caste community certificate to them to become eligible for the constitutional privileges conformed on the Hindu Scheduled Caste (following Hinduism, Sikhism or Buddhism) and order accordingly ".
5. The instructions issued by the Government of India in circular letter No.35/1/72 R.U.(SCT.V), Dt: 2.5.1975 in this regard is also enclosed with this order.
(BY ORDER OF THE GOVERNOR) V.KANAGARAJ SECRETARY TO GOVERNMENT?
4. The Government have also issued orders in G.O.(Ms)No.235, Revenue [RA3(2) Department, dated 26.02.2015, providing original and appellate authorities. The said G.O.(Ms)No.235, dated 26.02.2015 is extracted hereunder:-
ABSTRACT Revenue Administration ? Certificates ? Isue of Community Certificates ? Providing appellate authority ? Orders ? Issued. '----------------------------------------------------------------------------
-------------------------------------' Revenue [RA3(2) Department G.O.(Ms)No.235, Dated 26.06.2015 Aani, 11 Thiruvalluvarandu 2046 Read:
I.G.O.(Ms)No.581, Revenue Department, dated 03.04.1987.
2.G.O.(Ms)No.921, Revenue Department, dated 15.06.1991.
3.G.O.(2D)No.108, AD & TW Deparment, dated 12.09.2007.
4.Orders of Hon'ble Madurai Bench of Madras High Court in W.P(MD)No.1355 of 2015, dated 05.02.2015.
5.Orders of Hon'ble Madurai Bench of Madras High Court in W.P(MD)No.6430 & 6431 of 2015, dated 15.06.2015.
ORDER:
In the Government Order first read above, the duties and responsibilities for certain functionaries with executive functions such as Revenue Divisional Officer / Tahsildars / Deputy Tahsildars / Revenue Inspectors with a view to tone up the administration in the Revenue Department at the district and lower levels and to ensure normal standards of efficiency along Revenue Officials were prescribed.
2. The Hon'ble Madurai Bench of Madras High Court in the order fourth read above has ordered as follows:-
?All the caste certificate cases which naturally require a factual adjudication, at least one appeal remedy for ?Scheduled Caste?, ?Scheduled Tribes? and ?Backward Class? should be provided which may be in the form of scrutiny by the District Level Vigilance Committee. We thus call upon the Secretary, Adi Dravidar and Tribal Welfare Department, Government of Tamil Nadu to look into the matter and provide for an appeal remedy for the factual scrutiny for even other cases. ..... compliance?.
3. Based on the observation made by Hon'ble Madurai Bench of Madras High Court in W.P.(MD).No.1355 of 2015 that there is a need to have one appeal remedy for issue of Community Certificate to Scheduled Caste, Scheduled Tribe, Backward Classes at the District Level. Government have examined the issue with reference to Government Orders issued earlier and Revenue Department's Citizens Charter 2007. Though there are general provisions for appeal against orders passed by subordinate to the immediate higher authority in the hierarchy and such provisions are being used by the public for redressal of grievances, as there is no specific mention of appellate authority in case of community certificates. The existing arrangements for issue of certificates are given below:-
S.NO Community Issuing Authority Redressal of Grievances 1 Backward Classes / Most Backward Classes / Denotified Communities Zonal Deputy Tahsildar District Collector 2 Scheduled Castes Tahsildar District Collector
3.
Scheduled Tribes Revenue Divisional Officer District Collector & Chairman District Vigilance Committee.
S.No Community Issuing Authority Appellate Authority Redressal Grievances 1 Backward Classes / Most Backward Classes / Denotified Communities Zonal Deputy Tahsildar Tahsildar District Collector 2 Scheduled Castes Tahsildar Revenue Divisional Officer District Collector 3 Scheduled Tribes Revenue Divisional Officer District Collector District Collector & Chairman District Level Vigilance Committee
5. This order issues with the concurrence of the Adi-Dravidar and Tribal Welfare Department vide its U.O.No.4886/CV-1/2015-5, dated 26.06.2015 (BY ORDER OF THE GOVERNOR) R.Venkatesan, SECRETARY TO GOVERNMENT?
5. The petitioner has sought for a Mandamus, directing the Tahsildar, Manamelkudi Taluk, Pudukottai District / Respondent No.2, to consider the applications, dated 19.05.2014 and 10.09.2014 respectively and to issue Hindu Aadi Dravidar Community Certificate, in the light of the G.O.MsNo.1 ?Aadi Dravidar & Tribal Welfare (CV-1) Department?, dated 02.01.2009.
6. Without going into the merits of the averments, we only direct the Tahsildar, Manamelkudi Taluk, Pudukottai District / competent authority to consider her applications, dated 19.05.2014 and 10.09.2014 respectively, and to pass orders on merits and in accordance with law. While doing so, the said authority is directed to adhere to the procedures to be followed in the matter of issuing community status certificate and complete the said exercise, within a period of two months from the date of receipt of a copy of this order.
7. With the above directions, the Writ Petition is disposed of. No costs.
To
1.The District Collector, Pudukottai District, Pudukoittai.
2.The Tahsildar, Manamelkudi Taluk, Pudukottai District. .