The validity of a community certificate issued by the Tahsildar to a Scheduled Tribe candidate prior to 11-11-1989 and the admission rights based on such certificate.

SIRPURKAR, J.

By consent, the writ appeal as also the W. P. was taken-up for final hearing. Aggrieved by the order passed by the learned Single Judge, dismissing the W.M.P. No. 6932 of 1999 in W.P.No. 4399 of 1999, the petitioner comes up before us by way of the present writ appeal.

2. In this writ petition, the petitioner had pointed out that initially there was a community certificate in his favour issued by Tahsildar, Chengam on 1-8-1985, on the basis of which he applied for an admission into the diploma course in Petroleum Engineering in Tamil Nadu Polytechnic, Tiruchy during the academic year 1989-93. He pointed out that he was selected and was directed by the Principal to produce permanent community certificate from the Revenue Divisional Officer. It appears that the petitioner had produced only a xerox copy of the certificate and, therefore, he was directed to produce the original community certificate which, he was unable to file. He was, therefore, directed by the Principal to produce another community certificate from the Revenue Divisional Officer. He later on filed W.P.No. 16221 of 1990 for a Mandamus, directing the Principal to admit him in the diploma course in the Sugar Technology without insisting upon permanent community certificate from the 1st respondent as also the original community certificate issued by the Tahsildar and to accept the xerox copy of the certificate issued by the Tahsildar which he had produced. This Court, by an order dated 17-12-1998, directed the 1st respondent to dispose of his representation dated 7-4-1997 which he was obliged to make for a fresh community certificate. The Court, however, allowed the petitioner to continue with his course and it is an admitted position that the petitioner is so continuing. In the meantime, by order dated 20-2-1999 made in A2/7922/98, the application of the petitioner for issuance of a permanent community certificate was rejected on the ground that he did not belong to "Malai Kuravan" community. It is for this reason that the petitioner filed the present writ petition. A Writ Miscellaneous Petition (W.M.P.No. 6932 of 1999) was filed in this writ petition wherein, it was prayed that an order of injunction be passed restraining the 2nd respondent from discontinuing the petitioner from pursuing his diploma course and a direction should be given to the 2nd respondent directing him to allow the petitioner to continue the course in the 2nd respondent institution pending the writ petition (W.P. No. 4399 of 1999) for a Writ of Mandamus for quashing the order passed by the Revenue Divisional Officer dated 20-2-1999, rejecting the application for permanent community certificate. The learned Single Judge observed while rejecting the W.M.Ps that the relief was beyond the scope of the writ petition. It is against this rejection that the writ appeal has been filed.

3. The learned counsel for the appellant, at the outset, pointed out that it was an admitted position that the petitioner was granted a community certificate by the Tahsildar, Chengam, the xerox copy of which he had filed before the authority. He also pointed out that the said community certificate was issued on 1-8-1985. From the counter of the State Government, the learned counsel pointed out the admission on the part of the State Government that such certificate was actually issued by the Tahsildar, Chengam. The learned counsel pointed out that once such a certificate was issued then, there was no question of the petitioner being asked to obtain a fresh community certificate unless the certificate issued by the Tahsildar was cancelled by proper proceedings. He relies on the decision of the Supreme Court reported in (R. Kandasamy v. The Chief Engineer, Madras Port Trust) where the Apex Court held that the community certificate issued to a Scheduled Tribe candidate by the Tahsildar prior to 11-11-1989 is a good and valid Community Certificate for all purposes so long as such a certificate is not