The cancellation of a community certificate without providing a fair opportunity to the individual during a committee enquiry violates principles of natural justice and Article 14 of the Constitution.

ORDER :

M.S.RAMESH, J.

The present Writ Petition has been filed for the issuance of a Writ of Certiorari, calling for the records relating to the Tamil Nadu State Level Scrutiny Committee – III in proceedings No.20193/CV-2(2)/2014 -13 dated 05.02.2021 on the file of the 1^st respondent and quash the same.

2. The petitioner herein was issued with a Community Certificate, certifying that he belongs to Kattunayakan community, which is classified as Scheduled Tribe Community. When the said certificate came up for scrutiny before the State Level Scrutiny Committee, it was concluded that the Kattunayakan (Scheduled Tribe) Community Certificate held by the petitioner herein is not correct. Consequently, the State Level Scrutiny Committee cancelled the said Community Certificate vide its order dated 05.02.2021. Challenging the said order, the present Writ Petition has been filed.

3. The main contention raised by the learned counsel for the petitioner is that the enquiry was conducted by the State Level Scrutiny Committee on 20.09.2019, during which period, there were Covid restrictions and the petitioner, being a Senior Citizen, could not attend the proceedings.

4. The learned Special Government Pleader, on the other hand, would submit that the State Level Scrutiny Committee had come to a conclusion that the petitioner's community certificate was invalid based on the Anthropologist's report and several other evidences and therefore, no interference is required to the order of the Committee.

5. The Co-ordinate Bench of this Court, in a similar circumstance, in the case of M.Rangan Vs. the Chairman, State Level Scrutiny Committee-II, Adi Dravidar and Tribal Welfare Department, Chennai , in batch of Writ Petitions in W.P.Nos.10006 of 2021, etc. batch, when an enquiry was conducted by the State Level Scrutiny committee during the Covid restrictions period, had interfered with the order passed therein and set aside the same. Though the order was set aside, it was held therein that the restoration of the petitioner's community certificate, will not entitle his legal heirs to claim similar certificates, but, rather they are required to establish their communal status on their own before the authority concerned. The said order reads as follows:-

“All these cases relate to cancellation of community certificates by the State Level Scrutiny Committee, where the petitioners were called for enquiry during the period when the Covid restrictions were in force. The following tabulation would demonstrate the facts that are necessary for disposal of these writ petitions:-

2. From the Tabulation, it could be seen that all the petitioners in the above writ petitions have attained superannuation between 2012 and 2020 before the cancellation of certificates issued to them. Though the petitioners urged several contentions, we find that it may not be necessary for us to go into all those contentions, since we find that the petitioners were denied a fair opportunity in the conduct of enquiry. Admittedly, all the petitioners were called for enquiry during November, December 2020, January 2021 and July 2021. Admittedly, during these periods either lock down or restrictions on movement were in place. All the petitioners had superannuated by that time and they were admittedly Senior Citizens. General advisories were issued by the Government of India advising Senior citizens not to venture out. After all these enquiries have been pending for years and we are unable to see any justification for the hurried manner in which, the enquiries have been conducted during November, December, 2020 and the orders were passed during