2011 Supreme(Jhk) 779
MADRAS HIGH COURT (FULL BENCH)
D.MURUGESAN, R.BANUMATHIAND K.K. SASIDHARAN, JJ.
Tamil Nadu Public Service Commission Appellant
Versus
R. Manikandan Be Anr. Respondents
W.A.(MD) No. 104 of 2010.
decided on: August 12, 2011.
The TNPSC has no jurisdiction to verify the correctness of the information given in the certificates and cannot withhold the results on the ground that the correctness of the information given in the certificates including the genuineness of the same is under verification by the Committee constituted for the purpose. The TNPSC's role in examining the certificates is limited to see whether the certificates are true and genuine or not.
Headnote:
Tamil Nadu Public Service Commission - Power to Examine Community Certificates - 341, 342 - The TNPSC has no jurisdiction to verify the correctness of the information given in the certificates and cannot withhold the results on the ground that the correctness of the information given in the certificates including the genuineness of the same is under verification by the Committee constituted for the purpose. The TNPSC's role in examining the certificates is limited to see whether the certificates are true and genuine or not. The TNPSC is entitled to forward the Scheduled Caste/Scheduled Tribe community certificates to the Committee, which is competent to verify in terms of G.O. (2-D) No. 108, dated 12.09.2007. The TNPSC cannot withhold the result of a candidate and must forward the name for appointment subject to the verification of the community certificate by the State Level Scrutiny Committee.
Fact of the Case:
The Tamil Nadu Public Service Commission (TNPSC) withheld the result of a candidate, R. Manikandan, who was selected for a post reserved for Scheduled Tribe candidates, pending verification of his 'Hindu Konda Reddi Scheduled Tribe Community Certificate' by the State Level Scrutiny Committee. The candidate approached the court seeking a direction to the TNPSC to publish the result and sponsor his name for appointment.
Finding of the Court:
The TNPSC cannot withhold the result of a candidate solely for the reason that the certificates are sent for verification. The TNPSC is entitled to forward the Scheduled Caste/Scheduled Tribe community certificates to the Committee competent to verify them. The appointment shall be subject to the verification of the community certificate by the State Level Scrutiny Committee.
Issues: The main issue was whether the TNPSC could verify the genuineness of the community certificates for selection or if their power to test the correctness of the information given in the certificates is limited only to see whether the certificates are true or not.
Ratio Decidendi: The TNPSC has no jurisdiction to verify the correctness of the information given in the certificates and cannot withhold the results on the ground that the correctness of the information given in the certificates including the genuineness of the same is under verification by the Committee constituted for the purpose. The TNPSC's role in examining the certificates is limited to see whether the certificates are true and genuine or not. The TNPSC is entitled to forward the Scheduled Caste/Scheduled Tribe community certificates to the Committee, which is competent to verify in terms of G.O. (2-D) No. 108, dated 12.09.2007.
Final Decision: The TNPSC cannot withhold the result of a candidate and must forward the name for appointment subject to the verification of the community certificate by the State Level Scrutiny Committee.
D. Murugesan. J.-Considering the important issue which crops up very frequently before this Court as to the power of the Tamil Nadu Public Service Commission to satisfy itself whether the Scheduled Caste and Scheduled Tribe certificates produced by the candidates appearing for selection against posts reserved for them are true and genuine or not a Division Bench consisting of Honourable Mrs. Justice Prabha Sridevan and Honourable Mr. Justice B. Rajendran referred the matter for a decision by a Full Bench by order dated 17.02.2010. By that order, the Division Bench referred the question as to what extent the Tamil Nadu Public Service Commission has the power to examine the community certificates regarding their genuineness.
2. The above reference arose under the following circumstances :-
(a) The Tamil Nadu Public Service Commission (hereinafter referred to as TNPSC') the appellant herein. notified calling for applications to conduct examinations for selection of candidates for Group-II Services in the year 2008. On the strength of 'Hindu Konda Reddi Scheduled Tribe Community Certificate issued by the Revenue Divisional Officer. Cheranmahadevi dated 03.10.2008. the first respondent by name R. Manikandan (hereinafter referred to as 'the candidate'), participated in the examination and 'ultimately, he was selected in the written as well as in oral examinations as against the quota reserved for Scheduled Tribe candidates. Though the TNPSC published the results of the selected candidates on 16.10.2009, the name of the candidate was withheld. The candidate reliably understood on enquiry that his result would be declared only after the scrutiny of his comm1p1ity certificate is made by the competent Committee. On 21.10.2009, the candidate herein made a representation to publish his result. That representation was not considered.
(b) Hence, the candidate approached this Court by filing writ petition seeking for a direction to the TNPSC to publish the result and sponsor his name for appointment for Combined Subordinate Services Examination-I. 2008 (Group-II posts). The writ petition came to be allowed following a Division Bench judgment of this Court made in W.P. (MD) No. 4672 of 2009 (Between Arockiyam v. The Tamil Nadu Public Service Commission. Rep. by its Secretary and another dated 19.06.2009 holding that the TNPSC has no jurisdiction to sit over the validity of the community certificate issued by a competent authority. The Division Bench had in fact relied upon the earlier judgment of a Division Bench of this Court reported m 2004 WLR 372 K.K.Senthilkumaran & another v. The Secretary, Tamil Nadu Public Service Commission. Consequently the learned Judge directed the TNPSC to declare the result treating the candidate as a Scheduled Tribe and to pass appropriate orders in accordance of the law.
(c) The above direction is questioned by the TNPSC in this writ appeal. When the writ appeal came up for hearing, as already mentioned, the Division Bench directed as follows :
"6. Therefore, while the latter Division Benches have concluded (W.P.No. 23189/2008 and W.P. (MD) No. 4672/2009) that TNPSC merely has to receive the certificate and accept it as such the earner Division Bench following which all the subsequent orders have been passed indicates that there is a limited power of examination. This is a very important issue which crops up very frequently before us and therefore this issue has to be clarified, so that the power of the TNPSC when the community certificates are produced before it is decided. The question that is referred is to what extent the TNPSC have power to examine the Community Certificates regarding their genuineness."
(d) In view of the above reference, the question falls for our consideration is :
'Whether TNPSC could verify the genuineness of the community certificates for selection or their power to test the correctness of the information given in the certificates is limited only to see as to whether the certifica