THE TAMIL NADU PUBLIC SERVICE COMMISSION, REP. BY ITS SECRETARY, GOVERNMENT ESTATE, CHENNAI. Vs. R. MANIKANDAN AND ANOTHER

JUDGEMENT

(1.) Considering the important issue which crops up very frequently before this Court as to the power of the Tamil Nadu Public Service Commission to satisfy itself whether the scheduled caste and scheduled tribe certificates produced by the candidates appearing for selection against posts reserved for them are true and genuine or not, a Division Bench consisting of Honourable Mrs.Justice Prabha Sridevan and Honourable Mr.Justice B.Rajendran referred the matter for a decision by a Full Bench by order dated 17.02.2010. By that order, the Division Bench referred the question as to what extent the Tamil Nadu Public Service Commission has the power to examine the community certificates regarding their genuineness.

(2.) The above reference arose under the following circumstances:-

(3.) Before we answer the issue referred, we would like to refer the judgments of this Court on the issue. In K.K. Senthilkumaran & another Vs. The Secretary, Tamil Nadu Public Service Commission, (2004 WLR 372) , a Division Bench was considering the issue where one Thiru.Senthilkumaran and his sister Mrs.K.Jayashree Vijaya Chitra were selected as Assistant Surgeon and Labour Officer respectively as against the posts earmarked for scheduled caste candidates, as they claimed that they belong to the community 'Puthirai Vannan', a Scheduled Caste community. The community certificates issued in favour of them were confirmed by the District Collector, Chennai, within whose territorial jurisdiction, they were ordinarily residing. At the time of their selection, they were directed to produce the community certificates and after scrutiny, the TNPSC went on to record as follows:-