M.PARTHASARATHI Vs. STATE LEVEL SCRUTINY COMMITTEE

JUDGEMENT

(1.) The petitioners have come up with this writ petition challenging the order dated 17.07.2019 of the second respondent, in and by which, the second respondent declared that the petitioners did not belong to Kattunaicken Community and therefore, they cannot be recognised as such by issuing community certificate to them.

(2.) The case of the petitioners is that the first petitioner obtained a community certificate on 07.12.1984 issued by the Revenue Divisional Officer, Cheranmahadevi after necessary verification. In the year 1999, the first petitioner was appointed as ED Branch Postmaster in the Postal Department under the quota reserved for Scheduled Tribes. The second petitioner is the son of the first petitioner and he was in need of a community certificate for admission in the college. Therefore, the petitioners submitted an application dated 29.04.2019 to the second respondent. The application so submitted has not been processed and therefore, the petitioners approached this Court with a Writ Petition in WP No. 17931 of 2019 and prayed for issuing a Mandamus directing the respondents 1 and 2 therein to declare that the petitioners belong to Scheduled Tribe/Kattunaicken Community as per the earlier orders passed by this Court in WP No. 6119 of 1997 and WP No. 1906 of 2018 in respect of the first petitioner's elder brother and consequently direct the second respondent to issue community certificate in favour of the second petitioner. By order dated 28.06.2019, this Court directed the second respondent therein - Revenue Divisional Officer to conduct an enquiry and pass appropriate orders on the claim made by the petitioners for issuing community certificate, within a period of two weeks. Pursuant to the order dated 28.06.2019, the second respondent passed the order dated 17.07.2019, rejecting the request of the petitioners. Therefore, assailing the order dated 17.07.2019 of the second respondent, the present writ petition is filed.

(3.) The learned counsel appearing for the petitioners would contend that the first petitioner's elder brother by name M. Santharam applied for issuing a community certificate in his favour by declaring that he belongs to Kattunaicken community. The application of Mr. Santharam was rejected and he challenged it by way of WP No. 6119 of 1997. This Court, by order dated 25.08.2000 quashed the order of rejection dated 28.02.1997 passed by the District Collector, Tirunelveli and consequently directed the employer of the said Santharam viz., LIC of India, Madurai Division to reinstate him in service. In that writ petition namely WP No. 6119 of 1997, reference was made to earlier Writ Petition No. 400 of 1992 filed by Santharam and the order passed thereon on 30.08.1996. Inspite of the order passed in the earlier two writ petitions, the employer of the said Santharam has called upon him to participate in an enquiry during the year 2018 and therefore, the said Santharam has once again filed WP No. 1906 of 2018 before this Court for a Mandamus seeking to forbear the respondents from conducting an enquiry regarding the community certificate issued to him. By order dated 26.10.2018, this Court allowed the writ petition and restrained the respondents from conducting any further enquiry with respect to the community certificate issued to the petitioner, in view of the earlier order passed by this Court in WP No. 6119 of 1997. By placing reliance on the aforesaid orders passed by this Court in the writ petitions filed by Mr. Santharam, the learned counsel for the petitioners would contend that in the earlier writ petition filed by the petitioners herein in WP No. 17931 of 2019, this Court, in the order dated 28.06.2019, specifically directed the respondents to consider the claim of the petitioners in the light of the orders passed in WP No. 6119 of 1997 and WP No. 1906 of 2018 filed by Mr. Santharam, who is none other than the elder brother of the first writ petitioner herein. However, the second respondent failed to consider the same while passing the order of rejection dated 17.07.2019. According to the learned counsel for the petitioners, when the brother of the first petitioner was issued with a community certificate and it's validity has been upheld by this Court in the earlier writ petitions, the second respondent is not justified in passing the order of rejection dated 17.07.2019. Therefore, the learned counsel for the petitioners prayed for allowing this writ petition.