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S. S. SUNDAR, N. SENTHILKUMAR
K. Babu – Appellant
Versus
Chairman, State Level Scrutiny Committee-III, Additional Secretary to the Government, Adi-Dravidar and Tribal Welfare Department – Respondent
ORDER :
(N. Senthilkumar, J.) :
(Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari to call for the records in Proceedings No.6326243/CV6/2023 dated 04.01.2024, on the file of the 1st respondent and quash the same as illegal.)
This writ petition is filed for issuance of writ of certiorari to quash the Proceedings dated 04.01.2024 passed in No.6326243/CV6/2023 by the first respondent.
2. The brief facts necessary to dispose of the case are as follows: The writ petitioner was appointed as a loader in the year 1998 with the second respondent. According to the writ petitioner, he belongs to Hindu Kuruman Schedule Tribe Community. However, his appointment was purely under the General Category and not based on the communal reservation. Ever since the employment of the petitioner with the second respondent, the petitioner possesses an unblemished service record. Petitioner obtained a community certificate. Petitioner's case is that for no valid reasons or any requirement, the second respondent wanted verification of the genuineness of his community certificate and the first respondent has now by impugned order cancelled the community certific
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....
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....
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....
A fraudulent document is non est from the beginning and cannot be countenanced in law. A party to a litigation cannot approbate and reprobate from his stand taken before a quasi-judicial authority to....
The court emphasized the importance of objective analysis and compliance with legal provisions and precedents in determining the validity of Scheduled Tribe claims.
Repeated verification of community certificates for employees appointed before 1996 is impermissible unless fraud or procedural irregularities are established.
Verification of community status after retirement is a wasteful exercise and purely academic, as emphasized by the Hon'ble Apex Court in similar cases.
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