(Order of the Court was made by D.MURUGESAN,J) The petitioner by name Kumar is the son of one Late.Kaliappan. He was issued with a Community Certificate, dated 31.06.1987, by the Tahsildar, Tirunelveli, certifying him to belong 'Hindu Kattunayakkan' Community, which is notified to be a Scheduled Tribe. On the strength of the said certificate, the petitioner was admitted in schools as a student belonged to Kattunayakkan Community and in fact in the Transfer Certificate issued to him by the Government of Tamil Nadu - Department of School Education, in Column No.4 relating to "Nationality, Religion and Caste" it is stated as "Indian - Hindu Kattunaicken" and in Column No.5 "Community. Whether he belongs to (a)Adi Dravidar (Scheduled Caste) or Scheduled Tribe), it is stated "Yes". Then when the petitioner appeared for selection seeking admission in the 1st year B.E. Decree Course, he was insisted to produce a community certificate issued by the Sub-Collector/Revenue Divisional Officer. Accordingly, the petitioner obtained such a certificate, dated 11.08.1995, from the Sub-Collector (i/c), Tirunelveli, to the effect that he belongs to "Hindu-Kattunayakkan Community, which is recognised as a Scheduled Tribe as per the Scheduled Caste and Scheduled Tribe Orders (Amendment) Act, 1976, vide Serial No.9. Based on the above certificate, the petitioner completed his B.E.Degree Course.
2.Thereafter the petitioner appeared in the Combined Engineering Services Examination -2007, conducted by the Tamil Nadu Public Service Commission and got selected for the post of Assistant Engineer under the quota reserved for Scheduled Tribe. After such selection, his community certificate, dated 11.08.1995, was sought to be verified by the Tamil Nadu Public Service Commission and therefore the same was referred to the State Level Scrutiny Committee, the 2nd respondent. By the order under challenge, dated 08.07.2008, the State Level Scrutiny Committee found that the Community Certificate, dated 11.08.1995 issued by the Sub-Collector, Tirunelveli, was not genuine and consequently directed cancellation of the said certificate. The Committee further ordered for initiation of appropriate criminal and disciplinary action against the officer who issued the said certificate.
3.We have heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.
4.Before the enquiry conducted by the State Level Scrutiny committee, the petitioner produced two registered sale deeds, dated 05.05.1953 and 05.05.1954, executed by one Mariammal and Guruvappa Nayakkar, respectively. An affidavit of his mother was also produced to show that the said Mariammal is the grandmother of the petitioner. The affidavit of the said Guruvappa Nayakkar was also filed in support of the claim of the petitioner that the said Guruvappa Nayakkar is one of his distant relative. The petitioner also produced the School Record Sheet, issued to his own brother, namely K.Ramu, showing his Religion and Caste as "Hindu - Kattunayakkan". The said certificate shows that the brother of the petitioner was admitted in the I-standard in the year 1970. Apart from the above, the petitioner has filed as many as 25 supporting affidavits of his relatives, panchayat Board president, Village Assistant - Thalayari, some of the villagers who belong to Scheduled Tribe Community and also the other co-villagers. However, the State Level Scrutiny Committee did not accept any of those documents but, rejected them.
5.As far as the proving of the communal status of the petitioner is concerned, at the first instance we may point out that even in the year 1975 one of the brothers of the petitioner, by name K.Ramu, was issued with School Record Sheet by Adi Dravidar Primary School, Ramaiyanpatti, showing that he belongs to Kattunayakkan community. The said Ramu was admitted in the School in the year 1970 in the I-standard and completed 5th standard in the year 1975. The petitioner has also produced the Transfer Certificate of his another brother by name K.Muthu on completion of 10th standard in Pasumalai Higher Secondary School, Madurai, certifying him to belong 'Hindu Kattunaickan community'. Similarly, the petitioner filed another transfer certificate of his sister K.Eswari showing that she belongs to Hindu Kattunaickar. None of these certificates were considered by the State Level Scrutiny committee.
6.Apart from the above, the earliest document, namely the Sale Deed dated 05.05.1953, shows that the grandmother of the petitioner belongs to Kattu Kambalam Caste, which is referable to Kattunayakkan Community. While this Sale deed was considered, the State Level Scrutiny Committee had only taken note of the description of the husband of the said Mariammal as Perumal Naicker and had overlooked the fact that the said sale deed describes the grandmother of the petitioner as belongs to Kattu Kambalam Caste. In order to find out a particular individual belongs to a particular community, the earliest document, that too a registered sale deed, could be the basis, as, at the relevant point of time, no one would have thought that such benefit would be extended to their community people at a future date. Therefore, the sale deed dated 05.05.1953 has not been properly appreciated by the State Level Scrutiny Committee. Equally, there is yet another sale deed dated 05.05.1954, wherein also the caste of a distant relative of the petitioner, namely Guruvappa Naicker, has been described as 'Kattukambalam,' which also indicates that the word 'Kattukambalam' would refer to only Kattunayakkan, which is a Scheduled Tribe Community. To support the same, the affidavit of the said Guruvappa Naicker has also been filed. While appreciating a series of documents filed by the petitioner, the State Level Scrutiny Committee had overlooked the important documents which we have referred to above.
7.Yet another reason given by the State Level Scrutiny Committee appears to be the opinion of the Anthropologist on the ground that the petitioner does not speak Telugu. After a period of long distance of time and in view of other educational facilities, the certificate to which an individual is otherwise entitled to cannot be denied merely because he does not speak Telugu as such. That may be one of the added grounds but, the State Level Scrutiny Committee appears to have rejected the claim of the petitioner influenced by the opinion of the Anthropologist.
8.In the above circumstances, cancellation of the community certificate issued in favour of the petitioner as early as in 1995, which in effect cancels the earlier certificate issued in the year 1987, is not justified. In the normal course, we would have remitted the matter back to the State Level Scrutiny Committee for a re-look. However, as the petitioner has already appeared in the examination conducted by the Tamil Nadu Public Service Commission, got selected and awaiting further orders as to his appointment and in view of the overwhelming documentary evidence adduced, we are not inclined to remit the matter to the State Level Scrutiny Committee but, constrained ourselves to set aside the impugned order of the State Level Scrutiny committee, dated 08.07.2008 and sustain the Community Certificate, dated 11.08.1995, issued by the Sub-Collector, Tirunelveli, certifying the petitioner to be belonged to Kattunaicken Community.
9.In the result, the writ petition is allowed. No order as to costs. Connected M.P.(MD)Nos.1 and 2 of 2008 are closed.
gb To
1.The Secretary, The Tamil Nadu Public Service Commission, Omandhurar Government Estate, Anna Salai, Chennai-600 002.
2.The Chairman, State Level Scrutiny Committee, Secretary to Government, Adi Dravida & Tribal Welfare Department, Secretariat, Fort St.George, Chennai-9.
3.The Chairman cum District Collector, District Level Community Vigilance Committee, Tirunelveli District, Tirunelveli.
4.The Sub-Collector, Revenue Divisional Officer, Collectorate, Tirunelveli-9.
5.The Commissioner, Tribal Welfare Department, Chennai-5
6.The Director, Tribal Research Centre, Udhagamandalam, Udhagamandalam District.
7.The District Adi-Dravidar & Tribal Welfare Officer, Tirunelveli District, Tirunelveli.