R SANTHANAM Vs. COLLECTOR CHENNAI DISTRICT

JUDGEMENT

(1.) Aggrieved by the proceedings of the first respondent dated 21.1.1998 cancelling the community certificate of the petitioner dated 22.12.1986 to the effect that he belongs to 'Sholaga' Community, a scheduled tribe, the petitioner has preferred this writ petition for issue of a writ of Certiorarified Mandamus to call for the records relating to the proceedings of the first respondent made in No.P4/28914/87, dated 21.1.1998, quash the same and to forbear the respondents herein from in any manner proceedings against the petitioner either departmentally or in respect of verification of the community status of the petitioner, viz., 'Sholaga' community.

(2.) In MADHURI PATIL Vs. ADDL. COMMR. TRIBAL DEVELOPMENT reported in AIR 1995 SC 94, the Apex Court, while dealing with the rights of the Scheduled Tribes under the Constitution, has held as under:

(3.) The Constitution Bench of the Apex Court in STATE OF MAHARASHTRA Vs. MILIND reported in (2001) 1 SCC 4 held that certain privileges and benefits are conferred on such people belonging to Scheduled Tribes by way of reservations in admission to educational institutions (professional colleges) and in appointments in services of State, in order to protect and promote the less fortunate or unfortunate people who have been suffering from social handicap, educational backwardness besides other disadvantages. The object behind such constitutional right is noble and laudable besides being vital in bringing a meaningful social change. The Constitution Bench has further observed that if these benefits are taken away by those for whom they are not meant, the people for whom they are really meant or intended will be deprived of the same and their sufferings will continue. Therefore, it was held that allowing the candidates not belonging to Scheduled Tribes to have the benefit or advantage of reservation either in admissions or appointments leads to making mockery of the very reservation against the mandate and the scheme of the Constitution.