The main legal point established is the provision of an appellate authority for filing an appeal against the rejection of the request for Community Certificate, as per Government Order G.O.(Ms)No.235.

S.MANIKUMAR, J.

Taking note of the directions issued by the Hon'ble Division Bench in W.P. (MD)Nos.1335 of 2015, dated 03.02.2015, this Court on 15.06.2015 in W.P. (MD)Nos.6340 and 6341 of 2015, has passed the following orders:-

“In W.P.(MD).No.1335 of 2015, dated 05.02.2015, the Hon'ble First Bench opined that for all the caste certificate cases which naturally require a factual adjudication, at least one appeal remedy for 'Scheduled Caste', Scheduled Tribes' and 'Backward class' should be provided, which may be in the form of scrutiny by the District Level Vigilance Committee. The Hon'ble First Bench has called upon the Secretary, Adi Dravidar and Tribal Welfare Department, Government of Tamil Nadu to look into the matter and provide an appeal remedy for the factual scrutiny of even other cases. While disposing of a Writ Petition, W.P.(MD).No.1335/2015, dated 05.02.2015, the Hon'ble Division Bench, directed the matter to be posted for compliance on 15.04.2015. The Secretary, Adi Dravidar and Tribal Welfare Department, State of Tamil Nadu, Chennai as well as the District Level Vigilance Committee were directed to file a compliance report at least three days prior to the date fixed for compliance. Copy of the order made in W.P.(MD).No. 1335 of 2015, dated 05.02.2015, has been directed to be sent to the above said authorities, though they were not party respondents to the writ petition.

2. When rejection of a request for issuance of community certificate to the present writ petitioners were assailed in W.P.(MD).Nos.6340 and 6341 of 2015, following the directions issued in W.P.(MD).No.1335/2015, dated 05.02.2015, we disposed of the W.P.(MD).Nos.6340 and 6341/2015, on the same terms. Further, we directed the Registry to post the matter for compliance on 08.06.2015. Similar writ petitions challenging the order refusing to grant community certificates are also being filed.

3. Mr.N.Manohar, learned Special Government Pleader for the State, has been taking time on the ground that discussions are being held to provide an appeal remedy, as per the orders of the Hon'ble First Division Bench made in W.P.(MD).No.1335 of 2015, dated 05.02.2015, so far, the same does not been done. Matters are periodically adjourned.

4. Needless to state that admission in professional, arts and science colleges are made on the basis of merit and rule of reservation. Unless and until, the students belonging to SC/ST/BC/MBC and denotified Communities are issued with community certificates, well in advance or the rejection is tested by an appellate authority, directed to be provided by the Hon'ble First Bench, they would find it difficult to get admission, if they are otherwise qualified. From 05.02.2015, the matter is yet to be decided by the Secretary to the Government, Adi Dravidar and Tribal Welfare Department, State of Tamil Nadu.

5. On this day, once again it is reported by the learned Special Government Pleader that discussions are going on, and Government requires further two months time. We are not satisfied with the inordinate delay in taking decision, particularly, when issuance of community certificates play a role in the matter of admission to educational institutions and therefore, we deem it fit to direct the Secretary, Adi Dravidar and Tribal Welfare Department, State of Tamil Nadu, to appear before this Court on 22.06.2015 at 10.30 a.m. to explain as to why action should not be initiated. It is made clear that if the Government comes out with any order constituting an appeal remedy, the Secretary to the Government, Adi Dravidar and Tribal Welfare Department, State of Tamil Nadu need not appear. Learned Special Government Pleader is directed to communicate this order to the Secretary, Adi Dravidar and Tribal Welfare Department, State of Tamil Nadu today.

List the matter on 22.06.2015”

2. Thereafter, the present Writ Petitions along with sim