R KANDASAMY Vs. CHIEF ENGINEER MADRAS PORT TRUST

JUDGEMENT

(1.) Leave granted.

(2.) The appellant filed a writ petition in the High court of Madras seeking a mandamus to the Chief Engineer, Madras Port Trust - the respondent herein to accept the Community Certificate of the appellant dated 10/3/1987, issued by the Tehsildar, Mambalam, for the purpose of his appointment as a Mazdoor in the Madras Port Trust. It appears that the appellant was called for an interview for appointment to the post of Mazdoor by the respondent by the letter dated 19-8-1995 and subsequently he was called to appear for an interview on 17/11/1995 together with all the testimonials and certificates. The appellant appeared before the respondent and produced the relevant documents including the Community Certificateissued by the Tehsildar, Mambalam, Madras, dated 10/3/1987. That certificate was not acceptable by the Port Trust and on 20/11/1995, the respondent-Port Trust required the appellant to produce "the latest original Community Certificate" from the Revenue Divisional Officer, The request of the appellant to accept the certificate issued by the Tehsildar in 1987 and not to insist upon the production of a fresh certificate from the Revenue Divisional Officer was turned down and the appellant was told that if he did not produce the certificate from the Revenue Divisional Officer on or before 30/12/1995, his name would be left out of consideration for appointment. The appellant at that stage approached the High court. A learned Single Judge of the High court on 8/2/1996, referred to GOMs No. 2137 dated 11/11/1989 to hold that the certificate required to be produced was from the Revenue Divisional Officer and that the certificate issued by the Tehsildar was not a valid certificate. The learned Single Judge accordingly dismissed the writ petition and declined to issue mandamus, as prayed for

(3.) A writ appeal was filed. That writ appeal came to be dismissed on 29/2/1996 by the division bench. It is these two orders which have been putin issue before us in this appeal.