V.M. Velumani, J.

This writ petition has been filed seeking issuance of a Writ of Certiorari, calling for the records relating to the order made in Ni.Mu.No.Adi8/89396/02, dated 06.08.2004, on the file of the first respondent and quash the same.

2. The petitioner was working as a Senior Telephone Supervisor (Operations) in Telecom Department, Madurai. According to the petitioner, she belongs to 'Kadar' Tribe, which is recognised as Scheduled Tribe, by the Government of Tamil Nadu, Kerala and the Government of India. She is a native of Kuriyarkutti, a Tribal Village under Muthalamada I, Revenue Village, Chitoor Taluk, Palghat District, Kerala State. Her father was working in Railways. Her father married one Pappammal, who belongs to Agamudaiyar Community, which has been notified as a Backward Class in the State of Tamil Nadu. After the death of her father, the petitioner married one Natarajan, a distant relative of her mother, in the year 1978. In the year 1974, the petitioner was provisionally appointed in the services on the basis of the community certificate issued by the Madurai Collectorate. On the date of joining of the petitioner, she was instructed to obtain a community certificate from her native place i.e., from the authorities of Kerala. She obtained a community certificate issued by the Authority in Kerala. After submission of the said certificate, her service was regularised. The petitioner completed 29 years of unblemished service against the Scheduled Tribe vacancy.

3. While so, the Revenue Divisional Officer, Madurai, had directed her to appear before him along with her documents for community certificate enquiry on 17.03.2003, 25.04.2003, 04.08.2003 and 30.10.2003, to find out the genuineness of the community certificate produced by her. She appeared for all the enquiries, except on 25.04.2003 and she informed her inability to appear for the enquiry on the said date, due to her ill-health. In the meanwhile, the District Collector, by his letter, dated 06.08.2004, signed on 30.08.2004, cancelled the community certificate of the petitioner, without even giving her an opportunity of hearing.

4. The petitioner has challenged the said order of cancellation on the following grounds:

(a) The petitioner had produced the community certificate issued in the year 1974 by the competent authority of Madurai Collectorate, and also by the competent authority of her native place and the affidavits of her relatives from Kuriyarkutti.

(b) In spite of a number of confirmation of the genuineness of the community certificate of the petitioner's elder brother and family members, by the Tahsildar and the Revenue Divisional Officer, after personal enquiries, proper verification and affidavits of the relatives including the petitioner and the family members of the petitioner, the then District Collector already cancelled the community certificate of the petitioner and her family members, by his letter in Na.Ka.No.5288/94-1(adi-8), dated 06.09.1994. The said cancellation was challenged by her. A Division Bench of this Court, by the order, dated 06.04.1998, passed in W.A.No.240 of 1998, quashed the cancellation order of the District Collector, dated 06.09.1994. Therefore, the present cancellation is hit by principles of res judicata.

(c) As per Chapter 13.3 of the Brochure on "Reservation for SC/ST in services" issued by the Government of India, only the Appointing Authority has the right to verify the community certificate, if necessary. In the instant case, the appointing authority is the Chief General Manager, Chennai. The Chief General Manager, did not seek verification of the genuineness of the petitioner's community certificate. On the other hand, only the third respondent has sought for verification.

(d) The first respondent did not conduct enquiry and opportunity was not given to the petitioner to prove the genuineness of the community certificate and no show cause notice was issued to the petitioner.

(e) The first respondent is n