S NAGARAJAN Vs. DISTRICT COLLECTOR SALEM

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave arises from the judgment of the Division Bench of the Madras High Court, made on August 19, 1996 in Writ Appeal No. 166 of 1996.

(3.) The appellant claimed his status as Scheduled Tribe (Konda Reddy) and had appeared in Central Civil Services Examination held in 1985. His status was doubted by the Union Public Service Commission and an enquiry was directed to be made. During enquiry, the Tehsildar found that the certificate of social status given by the Deputy Tehsildar was not correct and was without jurisdiction and accordingly cancelled the said certificate. The appellant filed a writ petition and the High Court directed fresh enquiry in that behalf after giving notice to the appellant. After giving notice, the Tehsildar cancelled the certificate given to the appellant which was against challenged by way of another writ petition. The High Court again directed that the matter be enquired by the R.D.O. The R.DO. also found the appellant to be not a Scheduled Tribe. The appellant made third attempt by filing writ petition in the High Court. The High Court directed the Collector to personally enquire into the matter after giving reasonable opportunity to the appellant and to pass a speaking order. Thereafter, the Collector made a detailed enquiry and held that the appellant did not belong to the Scheduled Tribe community. Calling that action in question, the appellant filed writ petition. Learned single Judge by order dated December 18, 1995 upheld the order of the District Collector with the finding that the appellant was given opportunity to prove his tribal traits and also that the appellant was unable to give any proof in support of his claim that he belongs to Scheduled Tribe community and as such the certificate granted by the Deputy Tehsildar was rightly cancelled as the same was without jurisdiction. It was also found that the persons who had stated earlier in favour of the appellant as to his community and status at the behest of the appellant's father who retired as Commissioner, resiled thereafter. Therefore, their statements that the appellant was a member of the Scheduled Tribes could not be relied upon. Learned Judge has also accepted the reasoning of the Collector that the father of the appellant who was in Government service had not claimed his status to be a member of Scheduled Tribe. Had he been a member of Scheduled Tribe community, it was unlikely that he would have omitted to claim his said status. In the school certificate of the appellant, his caste was originally noted as Hindu Reddiar and subsequently the word "Konda" had been added Equally, in entry in the school admission register, the caste as originally noted was "Hindu Reddi" and the word 'Konda' was added subsequently, that too in different ink. In other words, he is a member of the forward caste and there is no signature on the correction of word 'Konda' by the concerned Headmaster. Thus, it appears to have been so made as to be consistent with the interpolation made in the school certificate of the appellant. Having regard to these facts the learned single Judge has held thus :