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2017 Supreme(Mad) 1353
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
INDIRA BANERJEE & T.S. SIVAGNANAM, JJ.
Monisha Kumari – Petitioner
Versus
The State of Tamil Nadu, Represented by its Secretary, Department of Adi Dravida and Tribal Welfare – Respondent
W.P. (MD) No. 12752 of 2012 and M.P. (MD) Nos. 2 to 4 of 2012
Decided On : 23-06-2017
For the Petitioners: Mr. Isaac Mohanlal and Mr. K. Prabhu.
For the Respondent: Mr. V.R. Shanmuganathan.
Headnote:
Constitution of India – Article 341, 342, 226 and 338 – State Reorganisation Act, 1956 – Section 41 – Constitution (Scheduled Castes) Order, 1950 – Central Board of Secondary Education – Claims – Writ petition pleaded that petitioner was born in India on material time when petitioner was born her father was employed as a Mechanic in Saudi Arabia – Petitioner claims that her parents were originally Hindus of Kavara Community, which is a Scheduled Caste petitioner was born her parents converted themselves to Christianity – Petitioner, she and her sister had their initial education in Saudi Arabia – After her parents returned petitioner continued her school education from Kendra at Nagercoil in Kanyakumari District and after completing appeared for Secondary Examination conducted by Central Board of Secondary Education – Held, District Level Vigilance Committee shall consider – Question of whether petitioner belonged to Hindu – Whether petitioners aunts/all her ancestors belong to Hindu - Kavara Community or not taking into consideration all relevant documents including Caste Certificates/Transfer Certificates land allotment documents issued to different members of family of petitioner and after giving petitioner an effective opportunity of hearing – Committee misdirected itself in not considering the aforesaid factors in light of documents and other evidence disclosed and/or adduced by the petitioner. Of course, if after consideration off documents disputes still existed with regard to authenticity or genuineness of documents or correctness of evidence with regard to lineage of petitioner and like petitioner would have to refer disputes to National Commission – Writ petition is allowed.
1. In this writ petition, the petitioner has challenged the order No. J4/27113/2012, dated 19.09.2012 of the District Level Vigilance Committee, Kanyakumari District at Nagercoil, whereby the District Level Vigilance Committee rejected the claim of the petitioner to belong to the Hindu - Kavara Community and declared her to be a Hindu - Maruthuvar. The District Level Vigilance Committee directed that the Scheduled Caste Community Certificate issued to the petitioner would stand cancelled and a fresh Community Certificate issued to her by the Deputy Tahsildar, Kalkulam Taluk, certifying that she belonged to the Hindu - Maruthuvar Community.
2. According to the petitioner, her father G. Muthukumar, her mother - R. Hemalatha, her grandparents, aunts and uncles, all belonged to the Hindu - Kavara Community.
3. In the writ petition, it is pleaded that the petitioner was born in India on 26.03.1994. At the material time when the petitioner was born, her father, G. Muthukumar was employed as a Mechanic in Saudi Arabia. The petitioner claims that her parents were originally Hindus of the Kavara Community, which is a Scheduled Caste. However, before the petitioner was born, her parents converted themselves to Christianity.
4. According to the petitioner, she and her sister born in 2001, had their initial education in Saudi Arabia. After her parents returned to India in 2006, the petitioner continued her school education from Class VIII in Adarsh Vidhya Kendra at Nagercoil in Kanyakumari District and after completing Class X, she appeared for the Secondary Examination conducted by the Central Board of Secondary Education, securing 459 marks, out of 500. The petitioner appears to have passed the Higher Secondary Examination conducted by the Tamil Nadu State Board from the same school, securing 1154 out of 1200 marks.
5. According to the petitioner, while her parents were in Saudi Arabia, they practised Christianity. After the petitioner and her family members returned to India, they got themselves reconverted to their original faith of Hinduism, but no formal changes were effected in the school records, where the religion of the petitioner was entered as Christian. On the basis of the aforesaid school certificate, the Deputy Tahsildar, Kalkulam Taluk, issued a Community Certificate, certifying that the petitioner belonged to the Christian - Maruthuvar Community, which is a Notified Backward Class.
6. After the petitioner completed her school education, she applied for admission to the Medical Course. The petitioner was treated as an OBC (Other Backward Community) candidate on the basis of the certificate issued by to her by the Deputy Tahsildar.
7. At the request of the petitioner, entries in the school records were altered and the caste of the petitioner was entered in the school records as Hindu - Kavara, which is a Notified Scheduled Caste Community. However, in view of the Certificate issued by the Deputy Tahsildar recording that the petitioner belonged to the Christian - Maruthuvar Community, which was a Notified Backward Class, the Selection Committee treated the petitioner as a candidate of the Backward Class. The petitioner failed to clear the selection test and was, thus, denied admission. It was only thereafter that the petitioner approached the Tahsildar, Kalkulam, for issuance of a Certificate certifying that she belonged to the Hindu - Kavara Community.
8. The petitioner claims to have produced documents to show that she along with her family members had reconverted to Hinduism by going through rituals in several temples.
9. According to the petitioner, her paternal grandfather, Thiru. N. Gomathynayagam alias Sankaran was a barber who belonged to a Scheduled Caste.
10. By order of the Special Tahsildar, Nagercoil, dated 14.08.1976, the petitioner's grandfather was allotted a plot under a scheme of the State Government of allotment of house plots of 3 cents to barbers in each Harijan Colony serving the Harijan Community.
11. The
