P. SANGAIAH Vs. THE DISTRICT COLLECTOR, MADURAI,

JUDGEMENT

(1.) THIS is a Writ Petition challenging the order of the Collector, cancelling the caste certificate in respect of the petitioner. As per that certificate, the petitioner was a 'Kattunaicken', which is a caste under the category of Scheduled Tribes. This certificate was granted on 23.6. 1987. It seems that there was an exercise taken to verify that caste certificate and ultimately the Collector has come to the conclusion that the petitioner in fact belonged to Ottar caste, which is Most Backward Class and not to 'Kattunaicken', which is Scheduled Tribe. The petitioner apprehending that he would lose his job on account of the cancellation, has approached this court, challenging the order by the Collector. The learned counsel appearing on behalf of the petitioner firstly points out that the initiation of the enquiry was after the Apex Court delivered the judgment in Madhuri Patil's case reported in MADHURI PATIL .VS. ADDITIONAL COMMISSIONER ,TRIBAL DEVELOPMENT . In that case, in fact, the Supreme Court had directed that if the certificate in respect of Scheduled Tribe was to be verified as regards its merits, then that should be done by a Committee. The Apex Court had directed the State Government to form such Committees, which would include the Experts on the question of the Scheduled Tribes. The learned counsel points out that in this case no such committee was formed when the order was actually issued on 24.12.1995. It is true that such Committees were not constituted in the State of Tamil Nadu and the Committee was constituted only somewhere in 1997. Without going into that question, even otherwise the order seems to be slightly perfunctory because the Collector has referred to a report dated 28.12.1994 by the Revenue Divisional Officer, Madurai. The copy of which was probably not supplied to the petitioner. In view of the fact that now the Committee is available, it would be better if the enquiry is made through a Caste Scrutiny Committee, which is in vogue for enquiring into the correctness or otherwise of the claim of the persons belonging to the Scheduled Tribes. The Government Pleader also agrees to get a fresh enquiry done. In that view the order of the Collector is set aside and it is directed that the matter be referred by the Government to the Caste Scrutiny Committee. The Caste Scrutiny Committee will be well advised to dispose of the matter within six months from the date the matter is received by it, by way of reference. The learned Government Pleader undertakes to take all the necessary steps for referring the matter to the Caste Scrutiny Committee. The petitioner shall appear before the Caste Scrutiny Committee on or about 2nd of May 2002, by which time the Government should see that the reference reaches the Caste Scrutiny Committee. With these directions, the Writ Petition is disposed of. Consequently, connected W.M.Ps are closed. No costs