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3.Consequent upon such directions, the State Level Scrutiny Committee launched investigation and the Vigilence Cell attached to the State Level Scrutiny Committee was required to enquire into the communal status of the petitioners and report. An Anthropologist was also appointed with a directions to report on the communal status of the petitioners. The Vigilance Cell by its report dated 28.12.2017, after adherring to the various guidelines issued by the Hon'ble Supreme Court in Kumari Madhuri Patel https://www.mhc.tn.gov.in/judis Vs. Additional Commissioner, Tribal Development reported in 1994 (6) SCC 241, concluded that the petitioners belong to the Scheduled Trible called “Kurumans”. The Anthropologist also was of the same opinion. The State Level Scrutiny Committee chose to rely upon the reports of the Revenue Divisional Officer and the District Collector of the year 2015 and 2017 respectively to conclude that the petitioners do not belong to the Scheduled Trible community called “Kurumans”. It is this proceeding, which is subject matter of challenge in this Writ Petition.

“22.Each Scrutiny Committee has a Vigilance Cell which acts as the investigating wing of the committee. The core function of the Scrutiny Committee, in verification of Caste Certificates, is the investigation carried on by its vigilance cell. When an Application for verification of the Caste Certificate is received by the Scrutiny Committee, its vigilance cell investigates into the claim, collect the facts, examines the records, examines the relations or friend and persons who have knowledge about the social status of the candidate and submits a report to the Committee. If the report supports the claim for caste status, there is no hearing and the caste claim is confirmed. If the report of the vigilance cell discloses that the claim for the social status claimed by the candidate was doubtful or not genuine, a show-cause notice is issued by the Committee to the candidate. After giving due opportunity to the candidate to https://www.mhc.tn.gov.in/judis place any material in support of his claim, and after making such enquiry as it deems expedient, the Scrutiny Committee considers the claim for caste status and the vigilance cell report, as also any objections that may be raised by any opponent to the claim of the candidate for caste status, and passes appropriate orders. The Scrutiny Committee is not an Adjudicating Authority like a Court or Tribunal, but an administrative body which verifies the facts, investigates into a specific claim (of caste status) and ascertains whether the caste/tribal status claimed is correct or not. Like any other decisions of Administrative Authorities, the orders of the Scrutiny Committe are also open to challenge in proceedings under Article 226 of the Constitution.”
v. The Vigilance Cell, as constituted, shall investigate into the social status claim of the applicant, visiting the local place of residence and original place from which the candidate hails and usually resides. The Vigilance Officer, assisted by the Inspector of Police, shall verify all the documents and collect relevant facts in an open and transparent manner from all the relevant places such as https://www.mhc.tn.gov.in/judis school, locality etc. and persons such as parents and close relatives of the concerned caste. The Vigilance Cell shall also record the anthropological and ethnological traits and rituals, customs, mode of marriage and other ceremonies of the community claimed by the candidate. Thereafter, on receipt of explanation from the candidate, on a proper examination of the same, a reasoned report shall be submitted to the State Level Scrutiny Committee.
vi. The State Level Scrutiny Committee, on receipt of the Vigilance Cell report, if it is found adverse, shall issue a show cause notice to the candidate with a copy of the report and all the documents submitted by the Vigilance Cell to the concerned candidate, calling upon him to file his reply/explanation/representation and also express his intention to examine witnesses, if necessary. In the event, the report supports the claim of the candidate, the State Level Scrutiny Committee shall not proceed further, but to pass the order.