M PONNAMBALAM Vs. DISTRICT COLLECTOR TIRUCHIRAPALLI DISTRICT TIRUCHIRAPALLI

JUDGEMENT

(1.) THIS writ appeal is against the order of dismissal of w. P. No. 4329 of 1988, dated 26. 2. 1997. The writ petition was filed to quash the order of the first respondent in RC. M2/60313/87, dated 1. 2. 1988.

(2.) THE case of the appellant is that he belongs to "konda Reddy" community which is included in the list of Scheduled tribe, under the Constitution (Scheduled Tribe) Order, 1950 passed by the president of India exercising the powers conferred under Article 342 of the constitution of India. THE appellant applied for grant of community certificate in the year 1977. THE Tahsildar after due consideration issued the community certificate on 5. 11. 1977 that the appellant belongs to "konda Reddy" community. THEreafter, through employment exchange, he appeared for the interview for the post of Assistant/typist in the third respondent insurance company in the year 1978 and was selected; he was appointed as Assistant/typist in Tiruchirapalii branch of the third respondent. By order dated 29. 6. 1979, he was confirmed in the services. While so, suddenly on 12. 6. 1987, he received a show cause notice from the first respondent as to why his community certificate should not be cancelled. From the notice, it is seen that the first respondent has come to the conclusion that the appellant does not belong to "konda reddy" community on the basis of the discreet enquiry conducted by the second respondent, the entries found in the S. S. L. C. book. and the statement of the villagers.

(3.) THE Supreme Court in the decision reported in s. Nagarajan v. District Collector, Salem, AIR 1997 S. C. 935, has held that, "it is obvious that the Constitution intended to give benefit of social and economic advancement and empowerment and social equality of status and dignity of person, by providing reservation in services of the State and in education by operation or Articles 15, 16 and 14 of the constitution and that, therefore, only the persons who are members of Scheduled tribes and Scheduled Castes alone are entitled to the benefit. " That is, these beneficial provisions are made for the advancement of S. C. & S. Ts. only. That cannot be allowed to be concerned by persons who do not actually belong to those communities. THErefore, the State is expected to see that the ultimate beneficiaries are persons of S. C. & s. T. communities. THErefore, the District Collector has only discharged his duty when he cancelled the certificate issued wrongly by the authorities.