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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SUBBIAH, KRISHNAN RAMASAMY, JJ.
Vijetha Dhinakaran – Appellant
Versus
Lalitha, The Tahsildar, Purasawalkam-Perambur Taluk, Chennai & Another – Respondent
Contempt Petition No. 531 of 2020 & Sub.A. No. 267 of 2020
Decided On : 19-03-2021
Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 – Constitution (Andaman and Nicobar Islands) Scheduled Tribes Order, 1959 – Writ of Mandamus – Wilful Disobedience – Contempt petition is filed by the petitioner praying to initiate contempt proceedings against the respondents herein for their wilful disobedience in not complying with the order passed by this Court in Review Application in W.P., and also Contempt Petition – Petitioner herein has filed Writ Petition before this Court praying to issue a Writ of Mandamus directing the first respondent herein to re-issue the Community Certificate, by mentioning the name of her father Edward Kumar instead of her husband
Finding of court: Court have gone through the entire materials placed on record. – Court, while disposing of Review Application in W.P. and Contempt Petition, directed the respondents to re-issue the community certificate to the petitioner by incorporating the name of her father. According to the respondents, in adherence to such direction issued by this Court, they have issued the Community Certificate to the petitioner. – However, the petitioner contended that the Community Certificate issued to her is not in the prescribed format, which led to the Union Public Service Commission withholding her selection. – This according to the petitioner is a breach of the direction of the order passed by this Court and therefore, the respondents have to be prosecuted by initiating contempt proceedings. – Additional Advocate General, relying on the subsequent developments in this case, contended that the Community Certificate produced by the petitioner itself had been declared as not genuine by the competent District Level Vigilance Committee. – In the light of the above, the present contempt proceedings need not be adjudicated on merits. – It is also submitted that, as directed by this Court, the respondents have issued a Community Certificate to the petitioner and therefore also, the Contempt Petition has to be dismissed. – Court have not only directed the respondents to issue Community Certificate to the petitioner by incorporating the name of her father, but also directed to conduct such enquiry as are necessary to ascertain the genuineness of the Community Certificate obtained by the petitioner. – In other words, this Court gave liberty to the respondents to go into the validity of the Community Certificate already issued to the petitioner. Accordingly, an enquiry was conducted by the competent District Level Vigilance Committee constituted by the second respondent. – Committee, after conducting an enquiry, has passed an order holding that the Community Certificate already issued to the petitioner is not genuine. – Consequently, the committee has also cancelled the community certificate issued to the petitioner. – Therefore, it is open to the petitioner to assail the order passed by the District Level Vigilance Committee, Chennai, in the manner known to law. – When the competent authority has passed an order as mentioned above, it is not proper to proceed further with the present Contempt Petition. – Counsel for the petitioner vehemently contended that pursuant to the order passed by this Court, the first respondent issued a Community Certificate to the petitioner, but it was not in proper format. – Therefore, it is contended that the issuance of the Community Certificate in an improper manner itself would be sufficient to initiate contempt proceedings against the respondents. – Court is not inclined to accept such a submission of the learned counsel for the petitioner. Whether the Community Certificate was issued in the prescribed format or in an improper manner, cannot be examined by us in this contempt proceedings. – This is more so that the Community Certificate already issued to the petitioner itself, was held to be not genuine by the District Level Vigilance Committee. – While so, we are of the opinion that the issuance of the Community Certificate in an improper format, or in the prescribed format, cannot be attached much significance for consideration in the present contempt proceedings.
Result: Contempt Petition Dismissed.
JUDGMENT :
R. SUBBIAH, J.
(Prayer: Petition filed under Section 10 and 11 of The Contempt of Courts Act praying to punish the respondents for contempt of Court for wilfully disobeying the order of this Court dated 15.04.2019 passed in Review Application No. 82 of 2019 and Contempt Petition No. 578 of 2019.
1. This contempt petition is filed by the petitioner praying to initiate contempt proceedings against the respondents herein for their wilful disobedience in not complying with the order passed by this Court on 15.04.2019 in Review Application No. 82 of 2019 in W.P.No.6255 of 2019, and also Contempt Petition No. 578 of 2019.
2. The petitioner herein has filed Writ Petition No. 6255 of 2019 before this Court praying to issue a Writ of Mandamus directing the first respondent herein to re-issue the Community Certificate, dated 24.03.2008 bearing No. 5414041 by mentioning the name of her father Edward Kumar instead of her husband name Dinakaran.
3. In the writ petition, it was specifically averred by the petitioner that she had successfully cleared the preliminary level and main level examination conducted by the Union Public Service Commission. It is further stated that when she was preparing for her interview, she received an e-mail dated 06.02.2009 from the Union Public Service Commission stating that in the Community Certificate produced by her, her father’s name is not mentioned and therefore, she was called upon to produce the Community Certificate by incorporating her father’s name. It is in those circumstances, she filed the said Writ Petition.
4. The Writ Petition was resisted by the first respondent herein by contending that the petitioner is from Andaman and Nicobar Islands and that there is no community classified in Andaman and Nicobar Islands as “Schedule Caste” under the Constitution (Andaman and Nicobar Islands) Scheduled Tribes Order, 1959 as amended by the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976. Therefore, it was submitted that the petitioner seems to have obtained Community Certificate as belonging to “Hindu Adi Dravidar” based only on the Community Certificate of her husband. It was further stated that the discreet enquiry conducted by the respondents disclosed that the husband of the petitioner, as also her father, professes Christianity as their religion. Therefore, the respondents opposed the claim of the petitioner that she belongs to Hindu Adi Dravida Community. Therefore, the respondents prayed for dismissal of the writ petition.
5. After hearing the learned counsel for both sides, by order dated 12.03.2019, we have issued a direction to the first respondent herein to re-issue the Community Certificate as sought for by the petitioner, inasmuch as the petitioner has already been issued with a Community Certificate and she only seeks to incorporate the name of her father thereon, as required by the Union Public Service Commission in their selection process.
6. Complaining non-compliance of the order dated 12.03.2019 made in WP No. 6255 of 2019, the petitioner has filed Contempt Petition No.578 of 2019 praying to punish the first respondent herein for the wilful non-compliance of the order dated 12.03.2019.
7. On notice, the respondents herein filed Review Application No. 82 of 2019 to review the order dated 12.03.2019 in WP No. 6255 of 2019.
8. In the Review Application, it was contended by the respondents that the writ petitioner was born and brought up at Andaman and Nicobar Islands. She was a resident of Andaman and Nicobar Islands till 2002 and in all her School Records, the name of her father is furnished. Even in her Marriage Certificate, the name of her mother is indicated as Sumith Saraswathy. Therefore, it was submitted that the writ petitioner is not in possession of any evidence to prove that either she or her parents belong to “Hindu Adi Dravidar” Community, which is classified as Scheduled Caste in the State of Tamil Nadu. It was also stated that the writ petitioner had not
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