ORDER

The writ of mandamus has been instituted to direct respondents 1 and 2 to regularise the services of the writ petitioner with effect from his date of appointment on 20.06.2002.

2. The petitioner states that he passed MBBS Degree and registered his name in the Employment Exchange. The petitioner was appointed as Assistant Surgeon under Rule 10(a)(i) of the General Rule for the Tamil Nadu State and Subordinate Services Rule, by proceedings dated 20.06.2002. He was posted in the Primary Health Centre, Mudis Nagar, Coimbatore. The petitioner joined the duty on 02.07.2002. He studied P.G. Course of Master of Surgery as well as MCH Neuro Surgery.

3. The petitioner states that he belongs to Hindu Mukkuvar Community and the said community is classified as most backward class de-notified community. The petitioner possessed the Community Certificate issued by the Competent Authority dated 18.07.1990. The third respondent is the Competent Authority to regularise the service of the writ petitioner and they have conducted a special qualifying examination for the purpose of regularising the services of the temporary employees who were appointed under Rule 10(a)(i) of the General Rule. The petitioner participated in the special qualifying examination conducted by the Tamil Nadu Public Service Commission (TNPSC). He was successful in the examination and was selected. However, his selection was withheld on the ground that the genuinity of the community certificate is to be verified. In this regard, the certificate was referred to the District level Vigilance Committee, Chennai, for scrutinisation. The District level Vigilance Committee conducted an inquiry and submitted a report holding that the Community Certificate possessed by the writ petitioner is genuine and the petitioner belongs to Hindu Mukkuvar Community which is classified as most backward class de-notified community. Despite the fact that the Vigilance Committee submitted its report stating that the Community Certificate of the writ petitioner is genuine, the authorities have not taken any further action to regularise the service of the writ petitioner, based on his selection by the Tamil Nadu Public Service Commission (TNPSC), through the special qualifying examination conducted on 10.07.2003. The learned counsel for the petitioner reiterated that the inter-departmental communication is made after several years and no finality reached in respect of such communications and the petitioner is deprived of his service benefits including promotion, annual increment etc., for the past several years on account of the non-regularisation of his services.

4. The learned counsel appearing on behalf of the third respondent Tamil Nadu Public Service Commission (TNPSC), made a submission that the petitioner was selected in the special qualifying examination. His services were withheld on account of the doubt raised in respect of the Community Certificate produced by the writ petitioner. No doubt, the Competent Authorities sought for clarification in respect of the community of the parents of the writ petitioner and the said report is yet to be received and therefore, no further action is taken. It is stated that the parents of the writ petitioner belong to Kerala State and therefore, further verifications and clarifications are required.

5. The learned Additional Government Pleader on behalf of the respondents 1, 2 and 4, made a submission that though the District Vigilance Committee, Chennai, has informed that the Community Certificate of the writ petitioner is genuine, vide proceeding dated 21.07.2008, the third respondent Commission has raised a clarification that how the District Vigilance Committee accepted the Community Certificate of the petitioner belonging to Hindu Mukkuvar as genuine, since the petitioner's father and mother belong to Kerala. This communication is under correspondence with the District Vigilance Committee, Chennai, vide the Tamil Nadu Public Service Commission (TNPSC