[Order of the Court by T.S.SIVAGNANAM, J.] Heard Mr.S.Anwar Sameem, learned counsel appearing for the petitioner and Mr.V.Muruganantham, learned Additional Government Pleader appearing for the respondents 1 and 2 and Mr.N.Shanmuga Selvam, learned counsel appearing for the third respondent and perused the materials produced.
2. This Writ Petition has been filed challenging the order passed by the State Level Scrutiny Committee with regard to the community certificate issued to the petitioner.
3. The learned counsel on either side submitted that the issue involved in this matter is covered by the decision of the Honourable Division Bench in N.V.Radhakrishan vs. Government of Tamil Nadu and others (W.P.(MD)No.6109 of 2007, dated 28.08.2009), wherein it is held that the Scrutiny Committee with regard to the genuineness of the community certificate issued to the Scheduled Tribes is State Level Scrutiny Committee and not the District Level Vigilance Committee. Accordingly the impugned order therein was quashed.
4. Following the same, the first respondent is directed to place the entire papers before the State Level Scrutiny Committee, who shall consider the communal status of the petitioner and take a decision without being influenced by the observations made in the impugned order.
5. In the light of the fact that there is an order of interim stay, if the petitioner continues to be employed in the third respondent Department, her service shall not be disturbed till the State Level Scrutiny Committee takes a decision in this matter.
6. The State Level Scrutiny Committee shall complete the verification process within a period of two months from the date of receipt of a copy of this order.
7. The Writ Petition is disposed of with the above observations. No costs. Consequently, connected miscellaneous petition is closed.
To:
1.The Chairman / Collector, District High Level Scrutinizing Committee, Madurai, Madurai District.
2.The Revenue Divisional Officer, Madurai, Madurai District.
3.The Senior Superintendent, Railway Mail Service, M.A Division, Madurai-1..