IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. VENUGOPAL, M. NIRMAL KUMAR, JJ.
Murali - Petitioner
Vs.
The District Collector, Salem & Ors. - Respondents
W.P. No. 11744 of 2018 & W.M.P. Nos. 13712 & 13713 of 2018
Decided On : 23-07-2018
Community Certificate - Scheduled Tribe - Constitution (Schedule Tribes) Order 1950, G.O.(Ms) No.147, Revenue (RA-3(2)) Department, dated 17.03.2016 - The court discussed the rejection of the petitioner's request for a 'ST' Community Certificate for his son, based on the grounds of community records, census handbook, and the authenticity of the community. The court directed the District Collector to swiftly dispose of the petitioner's appeal within a week, considering the impending NEET Counselling 2018 and emphasized the need for fair and just decision-making.
Fact of the Case:
The petitioner, belonging to the Hindu 'Kurumans' Community, sought a 'ST' Community Certificate for his son to avail benefits in education. The request was rejected by the Second Respondent, and the petitioner filed a Writ Petition seeking redressal.
Finding of the Court:
The court directed the District Collector to swiftly dispose of the petitioner's appeal within a week, considering the impending NEET Counselling 2018.
Issues: Rejection of 'ST' Community Certificate, fairness in decision-making, pending appeal before the District Collector.
Ratio Decidendi: The court emphasized the need for fair and just decision-making, especially considering the impending NEET Counselling 2018, and directed the District Collector to dispose of the petitioner's appeal swiftly.
Final Decision: The Writ Petition stands disposed of with the direction to the District Collector to dispose of the petitioner's appeal within a week.
M. Venugopal, J.
Heard the Learned Counsel for the Petitioner, the Learned Government Pleader for R1 to R4 and the Learned Standing Counsel for the 5th Respondent.
2. According to the Petitioner, he is the native of Omalur Taluk, Salem District and has studied up to X Standard. He belongs to Hindu 'Kurumans' Community, which is recognised as 'Scheduled Tribe' community. He married one Reena, who also belongs to Hindu 'Kurumans' Community. As a result of wedlock, the Petitioner has two sons, viz., Renesh and Danush and his two children were brought up as per Customs and Rites prevalent in the Hindu 'Kurumans' Community. The Petitioner and his children worship Lord Veerabadra, by breaking coconuts in their head.
3. The Petitioner had applied for Community Certificate for their children in the year 2010. His son, Renesh is a brilliant and dedicated student, who has secured 479 marks out of 500 marks, which is 95.8%. He opted for Physics, Chemistry, Botany and Maths group and joined S.R.V. Boys Higher Secondary School, Rasipuram. His medium of instruction is 'Tamil'. Because of his son's excellent academic records, he was granted scholarship by S.R.V. Boys Higher Secondary School. He did exceedingly well in his academic performance in 11th Standard.
4. At this stage, the Learned Counsel for the petitioner submits that the Petitioner's son Renesh, had applied for NEET (UG) 2018, under 'ST' quota, as he belongs to Hindu 'Kurumans' Community. His entire School Records states that he belongs to 'ST' Community. As a matter of fact, after filing of the present Writ Petition, the Petitioner's son has qualified in the NEET Examination and is going to take part in the Second Counseling, which commences from 27.07.2018. His name is also reportedly figured in the Provisional List, as informed by the Learned Counsel for the Petitioner, before this Court.
5. It comes to be known that the Petitioner (being the father of Renesh), had filed W.P. No. 6292 of 2018, before this Court, seeking for necessary direction to consider and pass orders on his Application and Representation, by issuing 'ST' Community Certificate to and in favour of his said son Renesh. This Court on 26.3.2018 had disposed of the said Writ Petition, wherein at Paragraph No.4, it is observed as under:-
“4. The grievance expressed by the Petitioner is that, his son has applied for National Entrance cum Eligibility Test Examination (NEET Exam) under the ST Quota, which is scheduled to be held in the month of April, 2018, and before the conduct of the Examination, counselling would be held, and during counselling, obviously, his son is expected to produce necessary documents, especially, the Community Certificate, for, he has applied for the said Exam by claiming himself to be a ST candidate, (as noticed above) and if he does not produce the Community Certificate, he will not be treated as candidate falling under the ST quota, and as consequence thereof, he will loose concessions and other benefits, to which, he is entitled to, as ST candidate. Setting out all these grievance, the Petitioner submitted a representation in the recent past, i.e. On 09.03.2018. Since the said representation too evoked no response, the petitioner is constrained to approach this Court, by way of present Writ Petition, seeking for the aforementioned relief.”
Ultimately, the said Writ Petition was disposed of by this Court by directing the Second Respondent therein to consider the Petitioner's Application, dated 10.02.2014, which was followed by Representation dated 09.03.2018 and pass appropriate orders on merits and in accordance with law, by issuing 'Community Certificate' to the Petitioner's son on or before 15.04.2018.
6. It is represented on behalf of the Petitioner that the Petitioner was subsequently directed, by means of a communication dated 28.3.2018, by the Second Respondent, to appear for an enquiry on 12.4.2018. Indeed the Petitioner had appeared and produced all relevant documents, including
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