T. JAGADEESAN Vs. THE PRESIDENT, DISTRICT COMMUNITY CERTIFICATE VERIFICATION COMMITTEE AND THE DISTRICT COLLECTOR, THE REVENUE DIVISIONAL OFFICER, THE TAHSILDAR AND THE SUPERINTENDENT OF POST OFFICER

JUDGEMENT

(1.) THE petitioner has approached this Court for a Writ of Certiorari to quash the order passed by the first respondent dated 20.07.2003 of the District Collector, second respondent herein, rejecting the petitioner's claim that he belongs to Adi -dravidar community. On notice, the fourth respondent has filed a counter affidavit in this case.

(2.) IT is seen from the narration of facts that the petitioner applied for appointment to the post of Branch Postmaster in his village under the category of he being an Adi -dravidar candidate. There was a rival candidate by name Kalaiselvi, who made a complaint to the fourth respondent that the petitioner belonged to Christian religion and not belonging to Hindu Adi -dravidar community.

(3.) LEARNED counsel appearing for the petitioner submitted that while the school certificate of the petitioner and the disability certificate issued to the petitioner's father showed the community of the petitioner as belonging to Hindu Adi -dravidar community, the impugned order fails to take note of these important documents. Apart from that, there was no material to show that a detailed enquiry was made. Consequently, the impugned order has to be set aside. Having perused the order of the District Collector, without expressing any opinion on the correctness of the order, we feel, since the impugned order is amenable to appeal remedy before the State Level Scrutiny Committee and the question involves appreciation of the materials placed, the proper course herein would be for the petitioner to prefer an appeal before the State Level Scrutiny Committee within 30 days from today. If and when such appeal is filed by the petitioner, the State Level Scrutiny Committee shall entertain the appeal without reference to limitation, grant an opportunity of hearing to the petitioner and pass orders on merits.