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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.S.RAMESH, R.SAKTHIVEL
S.Manoharan, S/o. N.Subbiah – Appellant
Versus
Tamilnadu State Level Scrutiny Committee – III Adi Dravidar and Tribal Welfare Department – Respondent
| Table of Content |
|---|
| 1. community certificate validity challenged. (Para 1 , 2) |
| 2. covid restrictions impacted petitioner's attendance. (Para 3 , 4) |
| 3. fair opportunity must be afforded during inquiries. (Para 5 , 6) |
| 4. impugned order set aside, community certificate's future implications clarified. (Para 7) |
| 5. writ petition allowed with specific directions. (Para 8) |
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 1st 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, t
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....
Fair opportunity to present a case is essential in administrative proceedings; proceedings held during COVID restrictions without opportunity to contest findings are invalid.
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 verification of community certificates for employees appointed before 1996 is impermissible unless fraud or procedural irregularities are established.
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....
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 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....
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