Madras High Court
N.Rajagopal vs The Revenue Divisional Officer on 12 September, 2023
Author: J.Nisha Banu
Bench: J.Nisha Banu
W.P.No.26186 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.09.2023
CORAM
THE HONOURABLE Mrs. JUSTICE J.NISHA BANU
AND
THE HONOURABLE Mrs.JUSTICE N.MALA
W.P.No.26186 of 2023
and
W.M.P.No.25585 of 2023
N.Rajagopal
S/o Narasimman .... Petitioner
vs
1. The Revenue Divisional Officer,
Dharmapuri,
Dharmapuri.
2. The Secretary to Government,
Revenue Department,
Fort St.George,
Chennai - 600 009.
3. The Secretary to Goverment,
Adi-dravidar Welfare Department,
Fort St.George,
Chennai - 600 009.
(R2 & R3 suo motu impleaded vide
order dated 12.09.2023 made in W.P.26186/2023
by JNBJ & NMJ) ...Respondents
1/19
https://www.mhc.tn.gov.in/judis
W.P.No.26186 of 2023
Prayer: Writ Petition filed under Article 226 of the Constitution of India
to issue a Writ of Certiorarified Mandamus to call for the records relating to
the online rejection order in Application Numbers in TN-52023070512970
(N.Rajagopal), TN-52023070513179 (R.Srikanth) and TN-
52023070513249 (R.Naveenkumar) dated Nil, quash the same and direct
the respondent to issue community certificate to the petitioner and his
children R.Srikanth and R.Naveenkumar and S.Gowtham that they belong
to Kurumans (ST) Community based upon the community certificate of the
petitioner's own brother's children namely 1) M.Vaisnav Mukunthan and
2) Yeshvika dated 24.07.2023 which was issued as per the orders of this
Court in W.P.No.23397 of 2019 dated 19.10.2022 and State Committee
report of petitioner's close relatives namely K.Devi and S.Kaviyarasan.
For Petitioner : Mr.S.Doraisamy
For Respondents : Mr.E.Vijayanand
Additional Government Pleader
ORDER
(The Order of the Court was made by N.Mala,J) This writ petition is filed to issue a Writ of Certiorarified Mandamus to call for the records relating to the online rejection order in Application 2/19 https://www.mhc.tn.gov.in/judis W.P.No.26186 of 2023 Numbers in TN-52023070512970 (N.Rajagopal), TN-52023070513179 (R.Srikanth) and TN52023070513249 (R.Naveenkumar) dated Nil, quash the same and direct the respondent to issue community certificate to the petitioner and his children R.Srikanth and R.Naveenkumar and S.Gowtham that they belong to Kurumans (ST) Community based upon the community certificate of the petitioner's own brother's children namely 1) M.Vaisnav Mukunthan and 2) Yeshvika dated 24.07.2023 which was issued as per the orders of this Court in W.P.No.23397 of 2019 dated 19.10.2022 and State Committee report of petitioner's close relatives namely K.Devi and S.Kaviyarasan.
2. The writ petitioner belongs to 'Kurumans Community' which is classified as Scheduled Tribe community. The petitioner studied upto 5th standard and was an agricultural coolie. As he did not require the community certificate, he did not obtain the same. The petitioner required community certificate for his children R.Srikanth and R.Naveenkumar and so he preferred an online application to the respondent for issuance of community certificate based on the community certificate issued to his brother's children on 24.07.2023. The petitioner's online application for 3/19 https://www.mhc.tn.gov.in/judis W.P.No.26186 of 2023 issuance of community certificate was rejected by Revenue Divisional Officer, Dharmapuri, in a mechanical manner by citing the Tahsildar's remarks and also stating that the petitioner had not enclosed his parents' community certificate, community certificate issued to blood relations and family tree. Aggrieved by the rejection order, the petitioner filed the writ petition for the aforesaid relief.
3. At the time of hearing, the learned counsel for the petitioner submitted that the Government introduced the online application for issuance of community certificate vide G.O.MsNo.524 dated 14.10.2010 and therefore, the petitioner applied online for issuance of community certificate. Learned counsel submitted that the respondent, while rejecting the community certificate ought to have conducted an enquiry and given the petitioner an opportunity to produce the documents and establish his claim for issuance of community certificate. Learned counsel further submitted that the respondent erred in rejecting the application overlooking the certificate issued to his brother's children. Learned counsel relied on the judgment of the Hon'ble Supreme Court in State of Bihar Vs Sumit Anand 2005(12) SCC 248 and the judgment of the Division Bench of this Court in 4/19 https://www.mhc.tn.gov.in/judis W.P.No.26186 of 2023 W.P.No.19251 of 2015 (D.Ruthiran v. The Revenue Divisional Officer, Dharmapuri) in support of his contention that the respondent ought to have issued the community certificate to him on the basis of the community certificates issued to his brother's children.
4. Learned Additional Government Pleader appearing for the respondents submitted that the Government had issued a Manual laying down the procedure for issuance of Scheduled Caste and Scheduled Tribes Certificates. As per the procedure laid down by the Government, the Application for issuance of community certificate could be made in two ways. One, the Traditional/ Manual method and the other Online Method/ through Web based services (vide G.O.Ms.No.524 dated 14.10.2010). Learned counsel for the respondent submitted that as the petitioner had submitted his application online, the respondent rejected the same after following the procedures contemplated for consideration of the certificates made Online. Learned counsel further submitted that the respondent having followed the procedure strictly, the rejection of the petitioner's application could not be faulted with. Learned Additional Government Pleader in any event, submitted that pending writ petition, on 11.09.2023, the Revenue 5/19 https://www.mhc.tn.gov.in/judis W.P.No.26186 of 2023 Divisional Officer has recommended for issuance of community certificate to the petitioner and his children by directing the the petitioner to apply online.
5. Learned counsel for the petitioner submitted that though the procedure for submission of application may be different while considering the application, particularly, when the same is rejected, the procedure provided for Tradition/Manual Method has to be followed. Learned counsel further submitted that there could not be two procedures particularly while rejecting the community certificate. Learned counsel for the petitioner submitted that appropriate directions may be issued to the Secretary to Government, Revenue Department and the Secretary to Government, Adi- dravidar Welfare Department with regard to the procedure to be followed while disposing of the application for community certificate applied online. Learned counsel further submitted that the discrimination in the procedure has to be addressed and appropriate directions should be issued.
6. We have heard both the counsels and we have perused the materials available on record.
6/19 https://www.mhc.tn.gov.in/judis W.P.No.26186 of 2023
7. Before venturing on the merits of the case, we feel it appropriate to clarify the position on the procedure adopted by the respondents while considering the applications filed for issuance of community certificate both manual as well as online. In the Manual for verification of community certificate published by the Government, Clause 3.9 lays down the procedure for issuance of Scheduled Caste/Scheduled Tribe community certificate. For better appreciation of the case, the procedure under Clause 3.9 of the Manual on Scheduled Castes/ Scheduled Tribes Community Certificates-Issuance and Verification, is extracted as follows:
3.9. Procedure for Issuance of Scheduled Caste/Scheduled Tribe Certificates.-
A. Traditional/Manual Method. -
(1) The application for grant of social status certificate shall be made to the Tahsildars (in case of Scheduled Castes) and Revenue Divisional Officers/Sub-
Collectors/Assistant Collectors/Personal Assistant (General) to Collector of Chennai (in case of Scheduled Tribes).
(2) The authority competent to issue the community certificate, on receipt of the application, shall 7/19 https://www.mhc.tn.gov.in/judis W.P.No.26186 of 2023 investigate the application in an open and transparent fashion, affording opportunity of hearing.
(3) On receipt of the application from the candidate, the competent Revenue officer authorized for issuing Scheduled Caste and Scheduled Tribe Community Certificates shall himself visit the candidate's local place of residence and make enquiries with the candidates; his parent/guardian; blood relatives; local residents (tribes and non-tribes); such other person who have knowledge of the social status of the candidate, local revenue offers such as VAO, Ri; etc., in an open and transparent fashion.
(4) On completion of due inquiry and proper verification of records/documents collected during the field enquiry, the above authority has the following three options for disposal of such applications:-
i. The competent authority (RDO/Tahsildar) can issue the certificate applied for, if he is fully satisfied.
ii. If it is found after due inquiry that the request is not feasible of compliance, the competent authority can reject it and issue a speaking order to the applicant and close the papers.
iii. If the application is submitted with insufficient 8/19 https://www.mhc.tn.gov.in/judis W.P.No.26186 of 2023 details or if it is found that additional details are required after inquiry, the authority can direct the applicant to renew the request with full details in a complete shape and close the papers.
(5) In the cases, where the issuing authority is fully satisfied that the claim of the candidate or parent or guardian, as the case may be, that he belong to that community is correct, the above authority shall issue the permanent Community Certificate card to the candidate concerned.
(6) The competent authority while issuing community certificate, should consider the Scheduled Tribe community issued in favour of the parents and close relatives of the applicants, subject to verification of the relationship and until the above Scrutiny Committee, the competent authority should accept the same and issue Scheduled Tribe Community Certificate to the applicants.
8. As far as the procedure for Online Method/ through web based services is concerned, the procedure is as follows:
B. Online Method/through Web based services.
(G.O. (Ms) No.524, Revenue (RA2(2) Department, 9/19 https://www.mhc.tn.gov.in/judis W.P.No.26186 of 2023 dated 14.10.2010 and Tamil Nadu e-District Application Training Manual) (1) The application may be submitted online in the prescribed format. To begin with the citizen's identity details (Citizen Registration) are entered either directly in the prescribed format (online) or through the People's Computer Centres (kf;fs;fzpdpikak;) or Browsing Centres or any other source. (A People's Computer Centres operator can log in to the e-District Application using the User ID and Password). (2) On submission of the citizen's identity details, the citizen is provided with the Citizen Account Number (CAN) online consisting of 13 digits. This Citizen Account Number must be repeated by the citizen in future as it will save time in filling up data time and again.
(3) The People's Computer Centre may collect nominal charges for the services rendered.
(4) Once the online application is filled up and submitted along with the required documents being scanned and attached, it will be sent online to the Village Administrative Officer/Revenue Inspector (VAO/RI). An unique Application ID will be generated and 10/19 https://www.mhc.tn.gov.in/judis W.P.No.26186 of 2023 acknowledgement will be issued to the applicant by the People's Computer Centres (kf;fs;fzpdpikak;) operator.
(Each Village Administrative Officer/ Revenue Inspector (VAO/RI) will be provided with a User ID and Password). The hard copy of the application along with the required attachments will be handed over to the VAO by the People's Computer Centres (kf;fs;fzpdpikak;) staff and an acknowledgment will be collected from the VAO by the People's Computer Centres (kf;fs;fzpdpikak;) staff.
(5) The VAO/RI will ascertain the genuineness of the request, as is done traditionally as to whether a certificate can be issued. (A print out may be taken found necessary). After the application is recommended/not recommended by the VAO, the application is forwarded to the RI to review the same (This is done online). On being recommended / not recommended by the RI, the application is forwarded to the Zonal Deputy Tahsildar (online).
(6) The Zonal Deputy Tahsildar can see the details of the application and then will review the details entered by the VAO/RI. On being satisfied with the information, he will then issue the certificate with his digital signature being affixed on the certificate. He also reserves the 11/19 https://www.mhc.tn.gov.in/judis W.P.No.26186 of 2023 right to reject the application in which case the rejection is also done digitally.
(7) For other certificates the Zonal Deputy Tahsildar will mark the application Recommended/not recommended along with his comments and forward it to Revenue Divisional Officer.
(8) Revenue Divisional Officer can view the details of the application and will go through the comments entered by VAO/RI/ZDT/Tahsildar in case of Community Certificate (ST) and on being satisfied with the information, he will approve the application and then issue the certificate with his digital signature being affixed on the certificate. He also reserves the right to reject the application in which case the rejection is also done digitally.
(9) As the digital signature is unique to every officer, it does not require a manual signature and is valid by itself.
(10)To receive a printed copy, the Applicant CSO Operator should log in to the e-District Application, type the CAN (Citizen Account Number) and retrieve the digitally signed document. This may then be printed out. This Certificate is legally valid (without any manual signature) due to the presence of the digital signature 12/19 https://www.mhc.tn.gov.in/judis W.P.No.26186 of 2023 and has the same value as a manually signed certificate.
(11)Those who wish to have manually signed certificates in addition to digitally signed certificate shall be provided the same by the authorities concerned on request. (12)At any point of time, the citizen may use his CAN (Citizen Account Number) to track the status of the request of his Certificate.
(13)The mobile number of the Applicant (if filled up on the application) will enable a SMS alert indicating the status of the request.
(14)Tahsildar can review the comment of VAO/RI instantly. He can approve/disapprove the application. For approved application digital signature will be used while issuing the certificate.
(15)In case of negative remarks by RI/VAO the Tahsildar reserves the right of rejecting/approving the application. This is also performed digitally. (16)In case citizen does not request signed copy, digitally signed certificate is generated by the Tahsildar. (17)In the case of signed copy, citizen collects certificate from the Taluk Office.
(18)In the case of digitally signed certificate, people's computer centre operator downloads the certificate and 13/19 https://www.mhc.tn.gov.in/judis W.P.No.26186 of 2023 prints it.
(19)Citizen provides acknowledgment for receiving the certificate.
9. From a reading of the two procedures, it is seen that in the procedure for Traditional/Manual method, while considering and disposing the application, three options are given to the authority. Option (1) The competent authority shall issue the certificate applied for, if satisfied. Option (2) If the authority finds that the request is not feasible, reject the same by issuing a speaking order. Option (3) If the application is filed with insufficient details, the authority can direct the applicant to renew the request with full details and in a complete shape.
10. In the procedure contemplated for the online method, it is seen that there is no provision for passing a speaking order and in case of insufficient details, to direct the applicant to renew the request with full details and in a complete shape. As the online /web-based services do not require a speaking order while rejecting the request for community certificate, the respondent reject the application in a mechanical manner 14/19 https://www.mhc.tn.gov.in/judis W.P.No.26186 of 2023 without citing any reasons which in our view is violative of the principles of natural justice. In the absence of a speaking order, people are forced to approach this Court resulting in unnecessary litigations, expenditure and hassle. On a comparison of two methods, it is seen that persons applying online are deprived of an opportunity to renew the application with complete details and in full shape. The case on hand is a classic example of the discriminatory procedure adopted under online web service method. In the present case, no doubt three reasons are given for rejecting the application like non-production of community certificate of the petitioner's close relatives, family tree and the Tahsildar's remarks. In our view, the denial of natural justice is writ large, inasmuch, as the Tahsildar's report is not furnished to the petitioner. Further, failure of the respondent to give an opportunity to the petitioner to produce the community certificate of close relatives and the family tree before rejecting the application is unsustainable as it deprives the petitioner of an opportunity to produce the same before the authority which is otherwise available to persons applying manually. In our view, if the procedure contemplated in manual method is adopted even for online/ web service method, then litigations can be avoided. We have referred to the procedures contemplated under the two aforesaid methods to 15/19 https://www.mhc.tn.gov.in/judis W.P.No.26186 of 2023 drive home the point that even while considering the applications online, the respondents should adopt the procedure given for disposal of applications under Manual Method, particularly, in the case of rejection of application, just to ensure that the applicants are not forced to spend their hard earned money on avoidable litigation.
11. It is seen that vide proceedings dated 11.09.2023, the Revenue Divisional Officer, Dharmapuri District, passed the following order:
vdnt. tprhuiz kw;Wk; Mtz';fspd; mog;gilapy; kDjhuu;
kw;Wk; mtuJ FLk;gj;jhu; ,e;J FUkd;!; gH';Foapdu; rhjpiar;
rhu;e;jtu; vd bjupatUtjhy;. kDjhuupd; nfhupf;ifapid Vw;Wk;.
kDjhuupd; cwtpdu;fspd; rhjpr;rhd;Wfs; khepy Tu;nehf;F FGtpdhy; bka;j;jd;ik bgw;Ws;sjd; mog;gilapYk;. kDjhuu;
jpU/uh$nfhghy; j-bg/ eurpk;kd; kw;Wk; mtuJ gps;isfs;
1/bry;td;/Mu;/_ fhe;j;. 2/Mu;/etpd;Fkhu; MfpnahUf;F gH';Foapdu; FUkd;!; rhjpr;rhd;W tH';fp Mizaplg;gLfpwJ/ nkYk; kDjhuu; ,t;thizapd; efypid rku;gpj;J ,izatHpapy;
kD bra;J gH';Foapdu; FUkd;!; rhjpr;rhd;W bgw;Wf;bfhs;s mwpt[Wj;jg;gLfpwJ/ 16/19 https://www.mhc.tn.gov.in/judis W.P.No.26186 of 2023
12. In view of the aforesaid order passed by the RDO, the Writ Petition is allowed with a direction to the petitioner to apply for online community certificate as ordered by the RDO in the aforesaid order. No costs. Consequently, connected miscellaneous petition is closed.
13. Before parting with this case, we are inclined to issue further directions to the impleaded respondents 2 and 3 to circulate this order to ensure that in future, online/web based application are not rejected mechanically and the procedure contemplated for traditional/ manual methods insofar as it relates to the options for disposal of application is adopted, particularly, in case of rejection of online/ web based applications.
(J.N.B.,J.) (N.M.,J.) 12.09.2023 Index:Yes/No Speaking/Non-speaking order vsi To
1. The Revenue Divisional Officer, Dharmapuri, Dharmapuri.
17/19 https://www.mhc.tn.gov.in/judis W.P.No.26186 of 2023
2. The Secretary to Government, Revenue Department, Fort St.George, Chennai - 600 009.
3. The Secretary to Goverment, Adi-dravidar Welfare Department, Fort St.George, Chennai - 600 009.
J.NISHA BANU,J.
and N.MALA,J.
vsi W.P.No.26186 of 2023 18/19 https://www.mhc.tn.gov.in/judis W.P.No.26186 of 2023 12.09.2023 19/19 https://www.mhc.tn.gov.in/judis