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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M.S.Ramesh, A.D.MARIA CLETE, JJ
S. Kalai Selvi – Appellant
Versus
Tamil Nadu State Level, Scrutiny Committee II, Adi Dravidar and Tribal Welfare Department – Respondent
ORDER :
(M.S. RAMESH, J.)
The present Writ Petition is filed, challenging the impugned order passed by the first respondent in his proceedings No.21000/CVIII/2007-13, dated 24.05.2019.
2. The petitioner herein was issued with a community certificate dated 28.04.1993, certifying that she belongs to Hindu Konda Reddis community, which is recognized as a Scheduled Tribe. On the strength of her community certificate, she was appointed in the Income Tax Department in the year 1995. Thereafter, the genuinity of her community certificate was enquired into by the Sub Collector, Periyakulam and through a report dated 05.11.1995, her community certificate was held to be genuine.
3. Even after the verification of her community status, the District Collector, Virudhunagar initiated an enquiry into the genuinity of her certificate, which initiation of the proceedings was quashed by this Court through orders dated 01.08.2005 passed in W.P.No.13543 of 1999 on the ground that the District Collector has no jurisdiction for conducting such a verification. Thereafter, similar verification proceedings were initiated by the District Collector of Theni District, which was also quashed through orders passed
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.
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....
The court established that verification of community certificates is essential to prevent fraudulent claims and that employers must ensure the genuineness of such certificates.
The main legal point established in the judgment is that once the genuineness of a community certificate has been verified and affirmed, there cannot be a re-verification, and new material received a....
The court reaffirms the validity of community certificates for issuing new certificates when prior valid documents exist.
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....
Verification of eligibility for community certificates requires evidence of residence before a specified date; prior issuance to relatives does not guarantee new certificates without proper inquiry.
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