(Order of the Court was delivered by T.S.SIVAGNANAM, J.) Heard Mr. S.Muthalraj, learned counsel appearing for the petitioner and Mr.V.Muruganantham, learned Additional Government Pleader appearing for the respondents.
2.By consent of the learned counsels on either side, this Writ Petition is taken up for disposal.
3.This writ petition has been filed challenging an order passed by the Tamil Nadu State Level Scrutiny Committee, which was directed to determine the communal status of the petitioner. The following facts would be necessary for the disposal of the writ petition.
3(i) The petitioner was granted a Community Certificate, stating that he belongs to 'Christian Kattunaicker Tribe' which has been categorised as 'Scheduled Tribe' by G.O.Ms.No.1773 SWD dated 23.06.1984. The second respondent under whom the petitioner was employed, sought for verification of the genuineness of the petitioner's Community Certificate, which was issued by the Sub-Collector, Kovilpatti, Tuticorin District on 01.06.1993. Based on the same, the Revenue Divisional Officer, Kovilpatti, commenced the enquiry and submitted the report on 16.11.2007, stating that he is unable to find any relatives of the petitioner at Ottapidaram and placed the matter before the District Vigilance Committee, Tuticorin.
3(ii)The District Vigilance Committee by order dated 01.06.1993, cancelled the Community Certificate issued to the petitioner. Challenging the same, the petitioner filed W.P.(MD)No.6772 of 2008. The said writ petition was heard by the Division Bench, which allowed the writ petition and set aside the order of the District Vigilance Committee as being without jurisdiction and directed the State Level Scrutiny Committee to consider the matter within a time frame.
3(iii)Pursuant to which, the State Level Scrutiny Committee was required to decide the communal status of the petitioner. The State Level Scrutiny Committee issued notice to the petitioner for appearing in person and the petitioner appeared on 15.07.2009. It is the submission of the petitioner that he had placed necessary documents in support of his claim. The State Level Scrutiny Committee, by the impugned order held that the community certificate issued in favour of the petitioner stating that he belongs to 'Christian Kattunaicker Tribe' community by the Sub-Collector, Kovilpatti, vide Certificate dated 01.06.1993, is not genuine and confirmed the cancellation orders passed by the District Vigilance Committee dated 26.05.2008.
4.Going to the factual aspects, we are first required to examine as to whether the order passed by the State Level Scrutiny Committee is in consonance with the direction issued by Division Bench in W.P.(MD)No.6772 of 2008 dated 30.07.2008. The operative portion of the said order reads as follows:
?4.The learned Special Government Pleader placed G.O.(2D)No.106, Adi Dravidar and Tribal Welfare (CV-I) Department, dated 12.09.2007. A perusal of the said G.O. makes it clear that it has superseded all the G.Os. in the subject matter. As per the said G.O., only the State Level Scrutiny Committee has the jurisdiction to scrutinize the genuineness of the Community Certificates issued as Scheduled Tribes and to pass final orders and if aggrieved by the orders, appeal will lie only to the High Court, Madras, under
Article 226 of the Constitution of India. Therefore, in the present case, as per the G.O., dated 12.09.2007, on the date of passing the impugned order, the respondent Committee had no jurisdiction to scrutinize the Scheduled Tribe Community Status of the petitioner and the jurisdiction lies with the State Level Scrutiny committee alone.
5.Therefore, the order impugned in the Writ Petition is liable to be set aside and accordingly, it is set aside. However, the petitioner is directed to submit herself before the State Level Scrutiny committee with an application, within a period of four weeks from the date of receipt of copy of this order, seeking verification of genuineness of his Community Certificate, which shall be considered by the said Committee, as per the procedure contemplated fro the said purpose and appropriate orders be passed.
6.The Writ Petition is disposed of accordingly. Connected M.P.(MD)No.1 of 2008 is closed. No costs.?
5.In the above order, the Division Bench set aside the order passed by the District Vigilance Committee. Therefore, the State Level Scrutiny Committee was required to decide the communal status of the petitioner and not to decide as to whether the District Vigilance Committee's order was proper or not. In other words, the State Level Scrutiny Committee was directed not to exercise appellate jurisdiction over the District Vigilance Committee's finding, but, was directed to act as a original authority and decide the communal status of the petitioner. The State Level Scrutiny Committee has miserably failed in complying with the said direction by confirming the order of the District Vigilance Committee, without realising that order dated 26.05.2008, was already set aside by the Division Bench.
6.Therefore, we are convinced that the decision making process is flawed and the order passed by the State Level Scrutiny Committee, calls for interference on this technical ground. As we are convinced that the impugned order is liable to be set aside on the above ground, we do not propose to go into the factual aspects of the case, which have to be considered by the Committee afresh.
7.In the result, the impugned order is set aside and remanded back to the first respondent Committee for fresh consideration by giving personal hearing to the petitioner and permitting the petitioner to produce documents in support of his claim and decide the communal status of the petitioner as an original authority without in any manner being influenced by any observations made by the District Vigilance Committee or the Regional District Officer, etc.
8.Accordingly, this Writ Petition is allowed with the above direction. No costs. Consequently, the connected Miscellaneous petition is closed.
To
1.The Chairman, Tamil Nadu State Level, Scrutiny Committee/Principal Secretary to Government, Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai-9.
2.The Additional Secretary (TTE), Directorate of Training and Technical Education, Government of National Capital, Territory of Delhi, Mummayapuram Marg, Pitampura, Delhi-8.
3.The Revenue Divisional Officer, Kovilpatti, Thoothukudi District..