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IN THE HIGH COURT OF JUDICATURE AT MADRAS
J. NISHA BANU, N. MALA, JJ.
R. Priyadharshini – Appellant
Versus
Director General of Health Services, New Delhi & Others – Respondents
W.P. No. 22145 of 2023 & W.M.P. Nos. 21545 of 2023
Decided On : 17-08-2023
Community Certificate - Scheduled Tribe - Article 226 - [Article 226, Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006] - The court directed the Revenue Divisional Officer to issue a community certificate to the petitioner and her siblings belonging to the Scheduled Tribe community of Kurumans based on the genuine certificate issued to their father's brother, emphasizing that children derive their community from their parents and members of the family. The court highlighted the importance of verifying the genuineness of the certificate and the entitlement of children to the same without further verification.
Fact of the Case:
The petitioner sought a writ of mandamus to direct the 4th respondent to issue a community certificate to her and her siblings, claiming they belong to the Kurumans (ST) community based on their father's and uncle's certificates. The delay in obtaining the certificate affected her admission to the M.B.B.S. course under the ST category.
Finding of the Court:
The court found that the rejection of the petitioner's application for a community certificate was unjustified, emphasizing the genuine nature of her father's brother's certificate and the responsibility of the authorities to issue the certificate to the petitioner and her siblings based on their family's community status.
Issues: The issues revolved around the rejection of the petitioner's application for a community certificate, the impact on her educational opportunities, and the responsibility of the authorities to consider the genuine nature of her family's community status.
Ratio Decidendi: The court emphasized that children derive their community from their parents and members of the family, and if a genuine certificate has been verified, the authorities are obligated to issue the certificate to the children without further verification.
Final Decision: The court directed the Revenue Divisional Officer to issue a community certificate to the petitioner and her siblings within two weeks, disposing of the writ petition with the above directions and without costs.
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution to issue a Writ of Mandamus to direct the 4th respondent to issue community certificate to the petitioner and her sister R.Keerthana, brother R.Pratheesh that they belong to Kurumans (ST) community based upon the community certificate already issued to the petitioner''s father''s own brother K.Kumar which was confirmed by the State Level Scrutiny Committee in Proceedings No.9368/CV-3(2)/2022 dated 03.07.2023.)
1. This writ petition has been filed to direct the 4th respondent to issue community certificate to the petitioner and her sister R.Keerthana, brother R.Pratheesh that they belong to Kurumans (ST) community based upon the community certificate already issued to the petitioner''s father''s own brother K.Kumar which was confirmed by the State Level Scrutiny Committee in Proceedings No.9368/CV-3(2)/2022 dated 03.07.2023.
2. i) The case of the petitioner is that she belongs to Kurumans (ST) community which is classified as Scheduled Tribe community. Her father Ramesh studied upto 10th standard. In her school records and her father''s school records, their community is mentioned as Kurumans (ST) community. Her father''s own brother K.Kumar, his wife and their children obtained community certificate from the 4th respondent that they belong to Kurumans (ST) community. Her father Ramesh met with an accident in January 2016 resulted in severe head injury and he is mentally ill. Her father''s own brother K.Kumar is taking care of them. Since the petitioner''s father is mentally ill, her father''s own brother K.Kumar preferred an application to the 4th respondent on 28.10.2020 requesting to issue community certificate to the petitioner, her sister and her brother. However, the 4th respondent informed that the community certificate of K.Kumar was sent to the State Level Scrutiny Committee for verification and after receipt of the report from the State Level Scrutiny Committee, the community certificate will be issued to the petitioner, her sister and brother. Thereafter, K.Kumar made representation to State Committee on 03.03.2021 and 13.09.2021 requesting to proceed with the enquiry regarding genuineness of social status and verification of Kurumans (ST) community certificate of Kumar, his wife P.Muniyammal and his children viz., K.Logith, K.Rishikesh issued by the Revenue Divisional Officer, Dharmapuri dated 10.08.2015. Since no order was passed, the petitioner''s father''s own brother, Kumar filed a writ petition in W.P.No.12086 of 2022 and this Court, after hearing both sides, directed the 1st and 2nd respondents therein to complete the enquiry and pass orders on merits within eight weeks from the date of receipt of a copy of the said order. Thereafter, the State Level Scrutiny Committee, after examination of all reports and documents, found that the community certificate issued to the petitioner''s father''s own brother K.Kumar is genuine vide proceedings No.9368/CV-3(2)/2022 dated 03.07.2023.
ii) Based on the above order, the petitioner''s father own brother, K.Kumar preferred an application to the 4th respondent requesting to issue community certificate to the petitioner, her brother and sister. However, no certificate was issued by the 4th respondent till date. In the meanwhile, the petitioner completed Plus Two examination and scored 526 out of 600 marks and scored 259 out of 720 marks in NEET exam. She preferred an application for admission to M.B.B.S course under ST category. The 3rd respondent released the M.B.B.S. rank list, in which, the petitioner ''s name was found place in OC category. Because of the delay caused by the revenue authorities, she could not enclose the community certificate. Hence, the present writ petition.
3. When the matter was taken up on 28.07.2023, this Court permitted the petitioner to participate in 2023-2024, M.B.B.S./B.D.S counseling under the Scheduled Tribe (ST) category and also directed that the provi
The central legal point established in the judgment is the entitlement of children to a community certificate based on the genuine certificate of their parents or family members, emphasizing the resp....
The court emphasized the necessity for credible documentation in community certificate applications to prevent misuse of reservation benefits, affirming the applicant's burden to establish their comm....
Prior final judicial decrees on community status bind Scrutiny Committee; executive cannot override via later cancellation.
Validity of community certificates and entitlement of close relatives to the same certificate if issued to a person.
The court reaffirms the validity of community certificates for issuing new certificates when prior valid documents exist.
The court emphasizes the necessity of proper inquiry into community claims, rejecting automatic disqualification based on maternal caste.
Court may dispose of petition based on petitioner's undertaking regarding pending verification of community status.
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