2011 (1) CWC 453
High Court of Judicature at Madras
D. MURUGESAN & S. NAGAMUTHU
M.R. Anand
Versus
The Chairman, Tamil nadu State Level Scrutiny Committee and Principal Secretary to Government & Another
W.P.NO. 27605 of 2010 & M.P.No.1 of 2010
Decided on : 07-02-2011
Community Certificate - Entitlement of Certificate based on Father's and Sister's Certificates - The court held that when the father was issued with a Community Certificate, the children should also have the same status and thereby, they are entitled to a similar certificate of their father. The authorities cannot ignore the certificates already issued to the father and sister of the petitioner by the competent authorities, and must verify the genuineness of those certificates before rejecting to place reliance on them in the verification of the Community Certificate of the petitioner.
Fact of the Case:
The petitioner challenged the order of the State Level Scrutiny Committee cancelling the Community Certificate issued in his favor, based on the certificates issued to his father and sister.
Finding of the Court:
The court found that the State Level Scrutiny Committee's approach was not in line with the judgments of the Apex Court and the Division Bench of the Court, and held that the petitioner would be entitled to a similar certificate as his father and sister, as long as their certificates were not cancelled.
Issues: The issue was whether the petitioner was entitled to the Community Certificate based on the certificates issued to his father and sister, and whether the State Level Scrutiny Committee's decision was valid.
Ratio Decidendi: The main legal principle established was that when the father was issued with a Community Certificate, the children should also have the same status and be entitled to a similar certificate of their father. The authorities cannot ignore the certificates already issued to the father and sister of the petitioner by the competent authorities.
Final Decision: The Writ Petition was allowed, the impugned order was set aside, and the matter was remitted to the State Level Scrutiny Committee for fresh consideration. The petitioner would be entitled to a similar certificate if the certificates issued in favor of the petitioner's father and sister were not cancelled.
(D. Murugesan, J)
1. The petitioner has approached this Court questioning the order of the State Level Scrutiny Committee cancelling the Community Certificate issued in favour of the petitioner on 21.06.1989.
2. The grievance of the petitioner is that his father was issued with "Konda Reddis' Community Certificate dated 20.09.1965 by the Tahsildar, Bhavani District. A similar certificate was also issued in favour of his sister on 18.06.1982 by the Tahsildar, Purasawalkam- Perambur, Chennai.
3. On an earlier occasion, the certificate of the petitioner was sought to be verified by the State Level Scrutiny Committee, which by order dated 10.05.2010 cancelled the said certificate and that order was questioned by the petitioner before this Court in W.P.No.10839 of 2010. This court having noticed that similar certificate has been issued in favour of the father and sister of the petitioner, the same had not been considered and so long as those certificates are not cancelled, the petitioner would be entitled to the certificate as has been held by the Division Bench of this Court in C.K.Kalaivannan VS The Sub-Collector, Mettur Dam, Salem District reported in 2010 3 CTC 673 , which, in turn, was on the basis of the judgment of the Apex Court in State of Bihar VS Sumit Anand reported in 2005 (12) SCC 248.
4. The grievance of the petitioner in this petition is that inspite of such a direction by the Division Bench to the respondent to reconsider the entire issue on the basis of the above two judgments, more or less a similar order has been passed by the State Level Scrutiny Committee, which is impugned in this writ petition.
5. We have heard the learned counsel for the petitioner and the learned Special Government Pleader. We have perused the impugned order.
6. While considering the Certificate issued in favour of the petitioner, the State Level Scrutiny Committee had observed that even the father's Community Certificate of the petitioner is not beyond doubt and the grand father of the petitioner has given the community of the father of the petitioner in the school records as 'Konda Reddis' community in the year 1950. Therefore, the certificate issued in favour of the father of the petitioner was not taken into consideration.
7. In our opinion, the said approach of the State level Scrutiny Committee is not in consonance with the judgment of the Apex Court as well as the Division Bench of this Court referred to supra.
8. The judgment of the Apex Court must be read to mean that when the father was issued with a Community Certificate, the children should also have the same status and thereby, they are entitled to similar certificate of their father. Merely because the grand father has intimated the school authorities a different community, that will not invalidate the certificate issued by the competent authority subsequently, so long as that certificate is not cancelled. The fact remains, in this case, is both the certificates issued in favour of the petitioner's father and his sister, have not been cancelled so far. In that sense, when the genuineness of the certificates produced by the petitioner is sought to be verified, the Committee cannot ignore the certificates issued in favour of the father and sister of the petitioner. We have to add that it does not mean that the authorities are not empowered to verify the genuineness of these certificates as well. Hence, before rejecting to place reliance on the certificates of the petitioner's father and sister, the authorities should have taken steps to verify those certificates at first by giving due opportunities to them. In the event, the Committee comes to the conclusion that those certificates are not genuine, they need not place reliance on those certificates in the first place of verification of the Community Certificate of the petitioner herein. When that procedure being adopted, the Committee cannot ignore the certificates already issued to the father and sister of the petiti
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