1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2011 CORAM: THE HONOURABLE Mr.JUSTICE N.PAUL VASANTHAKUMAR and THE HONOURABLE Mr.JUSTICE R.SUBBIAH W.P.(MD)No.2382 of 2011 and M.P.(MD)Nos.1 & 2 of 2011 P.Murugesan ...Petitioner Vs. 1. The Secretary to Government, Adi-Dravidar Tribal Welfare Department, Chennai. 2. The District Collector, Member Secretary, District Level Scrutiny Committee, Tirunelveli. 3. The Revenue Divisional officer, Tenkasi, Tirunelveli District. 4. The Correspondent,Sivanthi Adithanar Engineering College, Tiruchendur, Tuticorin District. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the first respondent in his letter No.17792/Sa.Me.2/2010-1, dated 29.09.2010 and order of the second respondent in his proceedings Na.Ka.No.Aa.4/28329/07, dated 31.05.2007 and consequently to direct the fourth respondent college to issue all the certificates of the petitioner's son M.Saravana Perumal. (Prayer amended vide order dated: 3.3.2011 in M.P.No. 3 OF 2011) For Petitioner : M/s.J.Nisha Banu For Respondents : Mr. M.Rajarajan, Govt.Advocate O R D E R (Order of the Court was made by N.PAUL VASANTHAKUMAR,J.) The prayer in the writ petition is for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the first respondent in his letter No.17792/Sa.Me.2/2010-1, dated 29.09.2010 and order of the second respondent in his proceedings Na.Ka.No.Aa.4/28329/07, dated 31.05.2007 and consequently to direct the fourth respondent college to issue all the certificates of the petitioner's son M.Saravana Perumal. 2.The learned counsel for the petitioner submitted that the consequential prayer for issuing direction to the 4th respondent to issue the certificates of the petitioner's son M.Saravana Perumal is not pressed and the petitioner will be satisfied if the first portion of the prayer viz., to quash the order of the first respondent dated 29.09.2010 and the order of the second respondent dated 31.05.2007 is considered by this Court. The said submission is recorded. https://hcservices.ecourts.gov.in/hcservices/ 2 3.The learned Special Government Pleader takes notice on behalf of the respondents 1 to 3. 4. The case of the petitioner is that he belong to Malaikuravan community, which is Scheduled Tribe community. The petitioner is now serving in the Postal Department, who was issued a community certificate by the Tahsildar, Shenkottai on 07.07.1983, who was the competent authority then. The permanent community certificate was also issued to the petitioner by the Revenue Divisional Officer on 07.02.1997 by the Revenue Divisional Officer, Tankasi. The petitioner's son was issued a community certificate on 22.12.2001 by the Revenue Divisional Officer, Tenkasi. The genuineness of the said certificate is sought to be verified by the District Committee, which has no jurisdiction to verify the community certificate of Scheduled Tribes candidates, as per the decision of the Supreme Court in Kumari Madhuri Patil and another v. Additional Commissioner, Tribal Development, Thane and others, (1997) 5 SCC 437 and that the genuineness of the community certificate regarding Scheduled Tribes community can be verified only by the State Level Scrutiny Committee. 5. In this case, the impugned order dated 31.05.2007 was passed by the second respondent, who has no jurisdiction. The communication sent by the first respondent dated 29.09.2010 states that only after the orders passed by the second respondent, the State Level Scrutiny Committee can go into the issue. Since the said State Level Scrutiny Committee is the only competent authority in terms of the Supreme Court decision cited supra, the impugned orders are set aside and the second respondent is directed to refer the issue for verification of the community certificate of the petitioner's son to the first respondent within a period of one week from the date of receipt of a copy of this order and the first respondent is directed to consider the said issue and pass orders regarding verification of the petitioner's son's community certificate on merits and in accordance with law, within a period of six weeks from the date of receipt of the reference from the second respondent. 6. The writ petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petitions are closed. SD DEPUTY REGISTRAR ( WRITS ) /TRUE COPY/ ASST REGISTRAR MPK To 1. The Secretary to Government, Adi-Dravidar Tribal Welfare Department, Chennai. 2. The District Collector, Member Secretary, District Level Scrutiny Committee, Tirunelveli. 3. The Revenue Divisional officer, Tenkasi, Tirunelveli District. 1CC TO THE SPL. GOVT PLEADER SR: 11446: DM:2011:MARCH:21: W.P.(MD)No.2382 of 2011 2P:5C:: 04.03.2011 https://hcservices.ecourts.gov.in/hcservices/