The main legal point established in the judgment is the importance of documentary evidence in determining the status of belonging to a Scheduled Tribe community and the need for proper verification procedures under The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

N.Mohanam S/o. Late Narasimhalu is the petitioner. In order to avoid any confusion between the petitioner and another person with the same name Mohanam, the fathers name of the petitioner is noted.

2. The grievance of the petitioner is that the respondents came to perverse conclusion without any basis that the petitioner do not belong to Scheduled Tribe and there by he was dismissed from the service.

3. The petitioner is seeking for a direction by way of writ of certiorari and quash the proceedings of the first respondent.

4. The facts necessary for the disposal of the writ petition are:

According to the petitioner, he belongs to Hindu-Konda Kapus community and it is notified as Scheduled Tribe community.

Oil and Natural Gas Corporation Limited, the third respondent herein invited applications for appointment to various posts including Khalasi Grade III. There were eight vacancies and one vacancy was earmarked for the scheduled Tribe candidates. Accordingly the list was sent by the Employment Exchange sponsoring 10 Scheduled Tribe candidates for one post. The name of petitioner is one among the said 10 candidates. However the petitioner was not selected under the Scheduled Tribe quota. The petitioner was selected on merit in the open competition and his employment is purely on the basis of merit and ability as he was selected under unreserved quota. One Mr.J.Raman, whose name is shown at Sl.No.3 out of 10 in the list is selected under the scheduled Tribe quota.

The petitioner was appointed as Khalasi. His probation was declared on 210. 1985. Thereafter he was upgraded and promoted upto the level of Operator Grade II.

While so, the third respondent for the reasons best known to them called for the verification of the community certificate of the petitioner. The petitioner attended the enquiry. The Record Sheet as well as Transfer Certificate of the school discloses that the petitioner belongs to scheduled Tribe community. A detailed report was submitted by Revenue Officials.

But the third respondent dissatisfied with the same referred those certificates to the second respondent the District Collector, Chennai for further verification doubting that the petitioner has impersonated and used the Community Certificate of another MOHANAM.

The second respondent vide his proceedings dated 04.06.1998, sent second report holding that the school certificate of the petitioner is genuine and as per the school certificate, he belongs to Scheduled Tribe community. But the second respondent finally noted that the petitioner do not belong to Scheduled Tribe community as school certificate has no probative value.

The petitioner challenged the same in W.P.No.20741 of 1998. This Court directed the petitioner to file an appeal before the first respondent, the State Scrutiny Committee Adi Dravidar Welfare Department. Accordingly the petitioner filed an appeal and the first respondent vide proceedings No.22394/ADW-11/2000 dated 27.06.2005 held that the allegation of the third respondent regarding the genuineness of the school certificate is not established and there is no impersonation and the school certificate is genuine. But strangely the first respondent confirmed the proceedings of the second respondent holding that the school certificate has no probative value to confirm the community certificate and the Community Certificates are bogus.

5. The said order is impugned in this writ petition.

6. Counter

Learned counsel for the first and second respondents filed counter.

The counter is filed by the Secretary to Government, Adi Dravidar and Tribal Welfare Department, Secretariat. It is stated in the counter that the petitioner has obtained two community certificates from the Tahsildar, Purasawalkam -Perambur Taluk that he belongs to Konda Kapus Scheduled Tribe community. Based on the Community Certificate, he was promoted to the post of Khalasi Grade-II in the third respondent establishment, even though his basic appointment wa