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V. M. VELUMANI, R. HEMALATHA
R. Balasundaram – Appellant
Versus
Tamil Nadu State Level Scrutiny Committee-III, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records of the 1st respondent''s impugned Proceedings No.16127/CV-4(2)/2014-8 dated 04.01.2022 and quash the same.)
R. Hemalatha, J.
1. The petitioner has challenged the impugned proceedings dated 04.01.2022 issued by the Tamil Nadu State Level Scrutiny Committee-III of Adi Dravidar Tribal Welfare Department, Government of Tamil Nadu.
2. Briefly into the facts of the case:
The petitioner R.Balasundaram was in possession of a Community Certificate issued by the Tahsildar, Avinashi, Coimbatore District bearing Serial No.70/80 dated 11.02.1980 certifying him as and W.M.P.Nos.12723 & 12725 of 2022 belonging to ''Hindu Konda Reddy'' a Scheduled Tribe Community. Based on this certificate he was appointed as Khalasi under the quota of Scheduled Tribe in the Institute of Forest Genetics and Tree Breeding, Coimbatore on 15.10.1982. Subsequently, he was promoted to the cadre of Lower Division Clerk on 03.12.1999 and later became Upper Division Clerk on 09.09.2020. He attained his superannuation on 30.11.2021 and was being paid only the provisiona
The court emphasized the importance of following the guidelines for verification of Scheduled Tribe community certificates and upheld the impugned order based on the findings of the Vigilance Committ....
Verification of community status after retirement is a wasteful exercise and purely academic, as emphasized by the Hon'ble Apex Court in similar cases.
The State Level Scrutiny Committee has the authority to scrutinize community certificates and make decisions based on evidence. The court will not interfere with the Committee's decision unless there....
Prior final judicial decrees on community status bind Scrutiny Committee; executive cannot override via later cancellation.
The main legal point established in this judgment is that the State Level Scrutiny Committee must follow the proper procedure for verification of community certificates, including providing an opport....
The importance of constitutional norms and the goal of achieving an egalitarian society.
Fair opportunity to present a case is essential in administrative proceedings; proceedings held during COVID restrictions without opportunity to contest findings are invalid.
Repeated verification of community certificates for employees appointed before 1996 is impermissible unless fraud or procedural irregularities are established.
Repeated inquiries for verification of caste certificates would be detrimental to members of Scheduled Castes and Scheduled Tribes. Reopening of inquiry into caste certificates can be only in case th....
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