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G. JAYACHANDRAN
V. Perumal – Appellant
Versus
Tamil Nadu State Level Scrutiny Committee-III, Adi Dravidar and Tribal Welfare Department – Respondent
ORDER :
(G. Jayachandran, J.) :
The Division Bench of this Court consisting of Hon'ble Judges J.Nisha Banu and N.Mala, J.J. upon hearing this Writ Petition had on 24.08.2023 delivered a split verdict. Hence, case is placed before the Third Judge for consideration by order of the Hon'ble Chief Justice vide order dated 19.09.2023.
2. The facts of the case in short, as pleaded by parties are:
The petitioner herein got appointment in Bank of Baroda in the year 1988 under quota for ST community by producing the certificate given by the Tasildar, Attur, as if he belong to Kattunaiyakan community which is a ST community. His community certificate was verified by the State Level Scrutiny Committee(in short as “SLSC”) on the direction of this Court following the dictum laid in Kumari Madhuri Patil and another v. Additional Commissioner, Tribal Development and others reported in [(1994)6 SCC 241] case. The SLSC concluded that the petitioner does not belong to ST community and the certificate, he produced to get appointment is not correct. It also ordered the said certificate must be confiscated
The court ruled that caste certificate verification is not limited by the date of appointment, emphasizing the necessity of addressing fraudulent claims to uphold constitutional rights.
The main legal principle established in the judgment is the need for thorough verification of caste certificates to prevent ineligible or spurious persons from availing reservation benefits, in line ....
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....
Point of law : As seen from sub-rule (10) of Rule 9, the Commissioner of Tribal Welfare/Director of Tribal Welfare, either suo motu or on a written complaint by any person made by an employer/educati....
Repeated verification of community certificates for employees appointed before 1996 is impermissible unless fraud or procedural irregularities are established.
The judgment establishes the principle that SC/ST employees are eligible for benefits under the OM, dated 12.09.1990, allowing them to move to open category, and are entitled to receive consequential....
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