1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.11.2011 CORAM THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P.(MD)No.12180 of 2011 S.Kasinathan .. Petitioner Vs 1.The Tahsildhar, Tirunelveli Taluk, Tirunelveli District. 2.The Zonal Deputy Tahsildhar, Tirunelveli Taluk, Tirunelveli. .. Respondents Writ petition filed under Article 226 of the Constitution of India for issuance of a writ of certiorarified mandamus calling for the records relating to the proceedings of the first respondent in Oo.Mu. A2/7823/11 dated 16.09.2011 and to quash the same and direct the respondents to issue fresh Community Certificate to the petitioner as “Hindu Archaga Vellalar” belonging to Backward Class Category. For Petitioner : Mr.J.Ashok For Respondents : Mr.R.Anandharaj, Government Advocate O R D E R (Order of the Court was made by K.N.BASHA, J.) The challenge in this writ petition is to the order passed by the first respondent herein dated 16.09.2011 rejecting the application filed by the petitioner seeking for the relief of issuing Community Certificate stating that he belongs to “Hindu Archaga Vellalar” Community. 2.The case of the petitioner is that he belongs to “Hindu Archaga Vellalar” Community which is recognised as backward class as per G.O.Ms.No.1564, Social Welfare Department, dated 30.07.1985. The Additional Deputy Tahsildar, Tirunelveli, attached to the office of the respondents, after getting reports from the Revenue Inspector, Sindupoondurai and Village Administrative Officer, Sindupoondurai, issued Community Certificate recognising the petitioner as “Hindu Archaga Vellalar” as per the Certificate dated 09.04.1997. The petitioner was https://hcservices.ecourts.gov.in/hcservices/ 2 temporarily appointed as Typist under 10(a)(i) by the District Collector, Tirunelveli through his Proceedings dated 27.09.2007 and he worked from 03.10.2007 to 03.11.2010 as a temporary Typist. In the mean time, the Tamil Nadu Public Service Commission (hereinafter referred to as “TNPSC”), conducted a special competitive examination for the post of Typist and the petitioner participated in the examination and was provisionally selected as Typist and allotted to Tirunelveli Commercial Tax Division. Thereafter, the petitioner was appointed as Typist in the Office of the Joint Commissioner (CT), Tirunelveli in the existing vacancy by proceedings dated 28.10.2010 by the Joint Commissioner (CT), Tirunelveli, subject to production of certain documents in original. 3.The TNPSC, through its letter dated 04.05.2011, informed that the Community Certificate issued by the Additional Deputy Tahsildar, Tirunelveli cannot be accepted, and directed the petitioner to submit fresh Community Certificate issued by the competent authority on or before 10.08.2011. Soon after the receipt of such communication on 30.07.2011, the petitioner, through his letter dated 08.08.2011, informed TNPSC that the time may be extended for production of the documents. In the mean time, the petitioner applied for issuance of fresh Community Certificate to the first respondent on 10.08.2011. Along with the said application, the petitioner also attached the earlier Community Certificate issued by the Additional Deputy Tahsildar, Tirunelveli and also the Appointment Order of TNPSC. The first respondent asked for production of certain other documents which the petitioner produced, including the Residential Certificate issued by the second respondent, the Family Card, the Transfer Certificate issued to his son, the Sale Deed dated 18.03.2009 standing in the name of his wife, and also supporting affidavits from one Mohan and one Veerabagu Moorthy, to substantiate his claim that he belongs to “Hindu Archaga Vellalar” Community. However, such application was rejected directing the petitioner to approach his native village, for obtaining the Community Certificate, by order dated 16.09.2011. The said order is now under challenge in this writ petition. 4.Learned counsel for the petitioner would contend that the first respondent has ignored and overlooked the earlier Community Certificate issued by the same Office, but by the Additional Deputy Tahsidar, instead of Deputy Tahsildar or Tahsildar. It is pointed out by the learned counsel for the petitioner that before issuing the said Community Certificate, reports were secured from the Revenue Inspector, Sindupoondurai and the Village Administrative Officer, Sindupoondurai, and only thereafter, the petitioner was recognised as “Hindu Archaga Vellalar”. It is further pointed out that the petitioner earlier produced other relevant documents viz. Residential Certificate issued by the second respondent, etc. All these factors have been simply overlooked and the claim of the petitioner was rejected without assigning any valid reason. Therefore, it is pointed out that the impugned order is liable to be set aside and the first respondent may be directed to issue Community Certificate on the basis of the documents produced by the petitioner, including the earlier Community Certificate issued after verification and after the submission of the reports, by the Revenue Inspector and Village Administrative Officer, Sindupoondurai. https://hcservices.ecourts.gov.in/hcservices/ 3 5.Learned Government Advocate, would submit that the first respondent has rejected the application of the petitioner only with a direction to the petitioner to move the native village for obtaining the Community Certificate and as such, the petitioner can very well obtain Community Certificate from the competent authority of his native village. Therefore, it is submitted that there is no infirmity or illegality in the impugned order passed by the first respondent herein. 6.We have given our careful consideration to the rival contentions put forward by either side and also perused the impugned order passed by the first respondent. 7.At the outset, it is to be stated that the petitioner has already obtained a Community Certificate to establish that he belongs to “Hindu Archaga Vellalar” Community, a backward community, from the Additional Deputy Tahsildar, Tirunelveli. It is seen that the petitioner has participated in the competitive examination conducted by TNPSC and thereafter he was selected and posted as Typist and the TNPSC, directed the petitioner to produce the Community Certificate to be issued by the competent authority holding that the Additional Deputy Tahsildar, Tirunelveli, who has issued the earlier Community Certificate, is not a competent authority. Therefore, it is crystal clear that TNPSC has not doubted the genuineness of the Community Certificate, but held that the same was not issued by the competent authority. It is to be stated at this stage that the competent authority is Tahsildar or Deputy Tahsildar of the very same office of the respondents at Tirunelveli. A perusal of the impugned order reveals that the first respondent has rejected the application only on the ground that the petitioner has to approach the competent authority of his native village. We are of the considered view that such reason for rejecting the application is unsustainable in law, more particularly in view of the fact that the earlier Community Certificate was issued by the very same office, viz. Taluk Office, Tirunelveli, but by the Additional Deputy Tahsildar after proper verification and obtaining reports from the Revenue Inspector and the Village Administrative Officer, Sindupoondurai. Therefore, there is nothing prevented the first respondent herein to peruse the said documents which were admittedly, verified and issued by the same Taluk Office. It is also relevant to state that the petitioner also produced the Residential Certificate issued by the competent authority. Such being the position, there is absolutely no justification for driving the petitioner to go to his native village for obtaining the Community Certificate. In view of all these factors, we are constrained to set aside the impugned order passed by the first respondent herein dated 16.09.2011. Consequently, the first respondent herein is directed to consider the matter afresh and to issue the Community Certificate sought for by the petitioner, on the basis of the earlier Community Certificate issued by the Additional Deputy Tahsildar dated 09.04.1997 and other documents, viz. Family Card, the Sale Deed dated 18.03.2009 standing in the name of the petitioner's wife, the Transfer Certificate issued to the petitioner's son dated 17.06.2009 and the certificate issued by the first respondent regarding residential proof dated 15.02.2010, the Community Certificate issued to the petitioner's brother's daughter dated 23.04.2010 and the Community Certificate issued to the petitioner's brother's son dated 23.04.2010 and other documents. It is made clear that https://hcservices.ecourts.gov.in/hcservices/ 4 the said exercise shall be completed within a period of three weeks from the date of receipt of order copy of this Court. 8.In the result, the writ petition is allowed. No costs. Sd/- Deputy Registrar W) /True Copy/ Assistant Registrar To 1.The Tahsildhar, Tirunelveli Taluk, Tirunelveli District. 2.The Zonal Deputy Tahsildhar, Tirunelveli Taluk, Tirunelveli. KN GH : 16.11.2011 : 4p/3c W.P.(MD)No.12180 of 2011 03.11.2011 https://hcservices.ecourts.gov.in/hcservices/