2011 Supreme(Mad) 3628

2011 (5) CTC 1, 2011 (4) LW 673, 2011 (6) MLJ 609
High Court of Judicature at Madras
D. MURUGESAN, R. BANUMATHI & K.K. SASIDHARAN
The Tamil Nadu Public Service Commission, Rep. By its Secretary
Versus
R. Manikandan & Another
W.A.(MD) No.104 of 2010
Decided on : 12-08-2011

Ratios
a. Verification of the genuineness of the information available in the community certificate produced by a candidate is vested only with the verification committee constituted in accordance with the Madhuri Patil case and not with anyother body or authority.
b. On selection of a candidate under the reserved quota, the service commission could scrutiny the community certificate produced by a candidate regarding his community to ascertain its genuineness.
c. Service Commission could declare the result of a selection with a condition that the result of those selected under reservation would be subject to the result of the verification of their community certificate.
d. The State Government has to constitute the verification committees on permanent basis.

Headnote:(A)Constitution of India-Art.15, 16, 341, 342-Reservation-Scheduled caste-Scheduled tribe-Community certificate-Verification-Service Commission-Jurisdiction-Though the respondent had been selected by the appellant, his selection was not declared on the ground that the appellant had been verifying the community certificate produced by the respondent which was challenged by the respondent-When the single judge directed the appellant to declare the result of the respondent, appellant preferred appeal-For better clarity of the powers of the appellant regarding its authority to verify the information available in the community certificate produced by the respondent, matter was referred to a full bench-While the appellant contended that it was an independent constitutional body and not bound by the certificate issued by the revenue authorities, the respondent resisted the same-Held, when a verification certificate was produced by a candidate regarding the authenticity of the information available in his community certificate, the appellant could not go behind it-The appellant should confine itself regarding the verification of the genuineness of the certificate produced by the candidate and could not go behind the information available in it-When a certificate was produced by a candidate, the appellant could forward it for verification and till such verification was over, the result could not be kept in abeyance-Respondent could be declared selected subject to the result of the report of the verification committee-As there was no permanent verification committee, the State Government was directed to establish such committee on permanent basis-Reference was answered and direction was issued accordingly.

        (B)Constitution of India-Art.15, 16, 341, 342-Reservation-Scheduled caste-Scheduled tribe-Community certificate-Verification-Service Commission-Jurisdiction- Verification of the genuineness of the information available in the community certificate produced by a candidate is vested only with the verification committee constituted in accordance with the Madhuri Patil case and not with anyother body or authority.

        Verification of genuineness of the community certificate vests only with the respective Committees constituted by the Government as per the directions of the Apex Court in Kumari Madhuri Patil’s case, cited supra and such power of verification of genuineness of community certificates or the correctness of the same is not available to the TNPSC. Para 18

        (C)Constitution of India-Art.15, 16, 341, 342-Reservation-Scheduled caste-Scheduled tribe-Community certificate-Verification-Service Commission-Jurisdiction- On selection of a candidate under the reserved quota, the service commission could scrutiny the community certificate produced by a candidate regarding his community to ascertain its genuineness.

        The responsibility of TNPSC cannot be reduced to one of mere recruiting agency without there being a corresponding responsibility to ensure the constitutional mandate of reservation as to the prima facie satisfaction in regard to the truthfulness of the certificate, which may not result in verification of the genuineness of the same and for that reason, the TNPSC is entitled to forward the certificate for verification to the competent Committee. To this extent, the Public Service Commission should have the power to go into the truthfulness of the certificate, and not the power to scrutinize the genuineness or correctness of the certificate of a candidate, who seeks an appointment. The truthfulness of the certificate would be with reference to the production of the caste verification certificate from the Scrutiny Committee by the candidates as provided in direction No.3 of paragraph 13 of the judgment in Kumari Madhuri Patil’s case. This would only be a limited power to ensure that the certificate produced by the applicant who is selected for the appointment under the reserved category is genuine and at the guise of reservation, the applicant who is not otherwise entitled, should not secure an appointment to a post which is reserved for the Scheduled Caste/Scheduled Tribe candidate.

        Para 25

        (D)Constitution of India-Art.15, 16, 341, 342-Reservation-Scheduled caste-Scheduled tribe-Community certificate-Verification-Service Commission-Jurisdiction- Service Commission could declare the result of a selection with a condition that the result of those selected under reservation would be subject to the result of the verification of their community certificate.

        Hence, the candidature will be provisional and subject to the Commission satisfying itself about the community status. The said clause also states that mere admission to the interview or inclusion of the name in the list will not confer on the candidate any right of appointment as it is provisional at all stages and the Commission reserves its right to reject any candidature at any stage even after the selection has been made. By that clause, even if a selection is made, it shall be subject to verification of the genuineness of the community certificate and the selection is provisional only subject to cancellation at a later point of time for acceptable reason.

        Para 26

        (E)Constitution of India-Art.15, 16, 341, 342-Reservation-Scheduled caste-Scheduled tribe-Community certificate-Verification-Scrutiny committee-The State Government has to constitute the verification committees on permanent basis.

        Though two Committees, one at the District Level and the other at the State Level, were already constituted, we are given to understand that the Committees do not sit regularly because of other works, which results in delay in verification process. In view of the same and keeping in mind the object of reservation in the Constitution; the entitlement of the candidates either to get admission to educational institutions or appointments to the posts earmarked and the verification of the genuineness of the certificate should be made and the proceedings should be completed in a period not exceeding two months on day-to-day basis, as directed by the Supreme Court in Kumari Madhuri Patil’s case, in direction No.9 in paragraph 13, we deem it necessary to direct the Government to constitute the Committees on permanent basis, so as to enable the legitimate and genuine candidates to avail their rights provided under the Constitution of India without undergoing any ordeal in the matter of admission or appointment or undergoing a long drawn litigation. Para 29