S SARASWATHY Vs. TAMIL NADU STATE LEVEL SCRUTINY COMMITTEE ADI DRAVIDAR AND TRIBAL WELFARE DEPARTMENT

JUDGEMENT

(1.) The Writ Petition has been filed against the order of the First Respondent/State Level Scrutiny Committee, by which the Committee has given a finding that the Petitioner does not belong to "Kurumans Community", which is a Scheduled Tribe. The Writ Petitioner, who has originally obtained a Community Certificate denoting her community as "Kurumans Scheduled Tribe" from the Sub-Collector, Saidapet, Kancheepuram District on 28.12.1995, has applied to the Tamil Nadu Public Service Commission for a Group-IV post in the year 2005. The Tamil Nadu Public Service Commission requested the District Collector, Kancheepuram to verify the genuineness of the said Community Certificate. The matter was referred to the District Level Vigilance Committee, Kancheepuram, which, after conducting enquiry, by order dated 14.9.2007 has cancelled the Community Certificate issued by the Sub-Collector, Saidapet, Kancheepuram District.

(2.) 1 Challenging the said order dated 14.9.2007, the Petitioner has approached this Court by filing W.P. No. 16914 of 2008. As per the direction of this Court dated 17.7.2008, the First Respondent/State Level Scrutiny Committee took up the matter and verified the genuineness of the Community Certificate issued to the Petitioner as "Kurumans Scheduled Tribe". It was after conducting enquiry, the First Respondent has passed an order on 8.9.2009 to the effect that the Petitioner does not belong to Kurumans Scheduled Tribe Community.

(3.) The impugned order is challenged mainly on the ground that even though it is stated under the impugned order that in the place of S. Sumathi, one Dr. C.R. Sathiyanarayanan, Anthropologist was nominated as a Member of the State Level Scrutiny Committee, the Committee has not conducted a fresh enquiry as per the direction of this Court dated 4.8.2010 made in W.P. No. 19656 of 2009 and moreover, the Anthropologist so nominated has never visited the place, nor conducted enquiry or filed a report, and at no point of time copy of such report has been served on the Petitioner so as to enable her to substantiate her case.