P MOHAN Vs. STATE LEVEL CASTE SCRUTINY COMMITTEE

JUDGEMENT

(1.) The petitioner challenges the order dated 27.4.2006 passed by the first respondent, under which the first respondent has held that the petitioner has not proved his community status that he belongs to Kattunaicken Scheduled Tribe community by documentary evidence.

(2.) The affidavit filed in support of this writ petition would disclose that, according to the petitioner, he belongs to Kattunaicken Scheduled Tribe community and his close relatives also belong to the said community. The petitioner was issued with the community certificate dated 12.8.80 by the Headquarters Deputy Tahsildar, Nanguneri and another community certificate dated 6.7.90 by the Tahsildar, Radhapuram stating that he belongs to Kattunaicken Scheduled Tribe community. The petitioner applied for the post of Veterinary Assistant Surgeon under Scheduled Tribe quota and he was selected by the Tamil Nadu Public Service Commission on 29.4.99. Thereafter, the petitioner applied to the jurisdictional Revenue Divisional Officer for issuance of community certificate stating that he belongs to Kattunaicken Scheduled Tribe community and the said application was rejected on 29.4.99 and in the said proceedings, the above said two certificates issued to the petitioner were also cancelled. The petitioner, aggrieved by the said order, preferred an appeal before the State Level Scrutiny Committee and since it was not disposed of, he was constrained to file W.P.No.3321 of 2003. This Court, vide order dated 14.8.2003, had issued a direction to the concerned authority to issue the community certificate within three weeks, but subject to the scrutiny by the State Level Committee. The State, aggrieved by the said order, preferred appeal in W.A.No.3424 of 2003 and a Division Bench of this Court has also confirmed the said order.

(3.) Subsequently, the State Level Scrutiny Committee has scrutinised the case of the petitioner and vide its order dated 22.3.2004, has given a finding that the petitioner does not belong to the said community. The said order was also once again challenged by the petitioner by filing W.P.No.12357 of 2004 and this Court vide order dated 24.6.2005 had allowed the writ petition and remanded the matter once again with a specific direction that the Anthropologist member should be replaced with another member and the State Level Scrutiny Committee should conduct enquiry afresh.