[Order of the Court was made by R.SUBBIAH, J.] Challenging the impugned proceedings of the first respondent dated 5.11.2009 in No.7487/P.Na.C.P./2007-16 confirming the impugned order passed by the second respondent dated 24.5.2007 in P3. 3998/03, the petitioner is before this Court with this writ petition.
2.The case of the petitioner is that she is Christian by religion. She belongs to Christhuva Thuluva Vellalar community. She has got valid community certificate issued by the Regional Deputy Tahsildar on 30.10.1996. Her father also belongs to the said religion and community. While so, in the Transfer Certificate issued by the School, where the petitioner studied, the community has been wrongly mentioned as 'Christian Vellalar', instead of 'Christian Thuluva Vellalar'. Thereafter, the petitioner registered her name with the Employment Exchange. Pursuant to the said registration, the petitioner was appointed as a Craft Teacher in Government Higher Secondary School, Sathanur, by proceedings of the Chief Educational Officer, Sivagangai, dated 13.01.2005 and as such, she is working as on date.
3. While so, the District Employment Officer Sivagangai, by his proceedings dated 08.01.2003, by pointing that in the Transfer Certificate of the petitioner, the community refers to 'Christian Vellalar', whereas in the Community Certificate, it refers to 'Christian Thuluva Vellalar' and therefore, it requires verification.
4. Thereafter, in the month of April 2007, the petitioner received a notice from the 2nd respondent calling upon her to appear before the 2nd respondent Committee. Accordingly, the petitioner appeared before the 2nd respondent Committee. However, the 2nd respondent by order dated 24.05.2007 cancelled the Community Certificate of the petitioner. Therefore, the petitioner filed an appeal before the first respondent. In the appeal filed by the petitioner, to substantiate her case, the petitioner has produced as many as 17 documents to prove her claim along with the Community Certificate of her father, who served in the Indian Army. However, without considering the same, the first respondent appellate authority confirmed the order of the 2nd respondent stating that the petitioner has not produced any documents and rejected the community certificate of the petitioner by order dated 05.11.2009. Challenging these two orders, the petitioner is before this Court with this writ petition.
5. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents.
6. The learned Additional Government Pleader would submit that if the matter is remitted back to the respondents, the same would be considered and necessary orders would be passed afresh in accordance with law.
7. Considering the facts and circumstances of the case, the impugned order is set aside and the matter is remitted back to the respondents. The respondents are directed to pass orders afresh, after giving notice to the petitioner and after perusing necessary documents. Such order shall be passed by the respondents within a period of twelve weeks from the date of receipt of a copy of this order.
8. The writ petition is disposed of with the above direction. No costs. Consequently connected Miscellaneous Petitions are closed.
To The State Lever Scrutiny Committee, Through its Secretary, Backward, Most Backward and Minorities, Welfare Department, Secretariat, Chennai ? 600 009.
2.The District Community Certificate Scrutiny Committee, Through its Chairman cum, The District Collector, Sivagangai.
3.The Tahsildar, Ilayankudi.
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