V JAGANATHAN Vs. DISTRICT COLLECTOR COLLECTORATE TRICHY

JUDGEMENT

(1.) This writ appeal is directed against the order of the learned Judge dated 22.04.1999 made in W.P.No.15738 of 1990 in and by which, the learned Judge quashed the order of the District Collector, Tiruchirappalli dated 13.08.1990 which was passed with reference to the Community Certificate of the petitioner/appellant herein.

(2.) According to the petitioner-appellant, he belongs to Sholaga (S.T.) Community which is recognised as one of Scheduled Tribe under Tamil Nadu Educational Rules. Though he secured a certificate dated 30.10.1981 from the Headquarters Deputy Tahsildar, Karur to the effect that he belongs to Sholaga Community, after his appointment as Senior Clerk in Southern Railway, the said certificate sought to be verified. It is seen from the order of the first respondent District Collector, Trichy dated 13.08.1990, a discreet enquiry was conducted by the Sub Collector with reference to the claim of the petitioner and after getting information and materials, the petitioner was asked to appear before him for an enquiry. Pursuant to the same, the petitioner appeared before the District Collector on 06.08.1990 and made a statement. It is further seen from the said order that except the Community Certificate issued by the Deputy Tahsildar, the petitioner has not furnished any other materials to substantiate his claim that he belongs to Sholaga Community, which is a Scheduled Tribe. It is further seen that in the absence of any other materials and based on the report of the Sub Collector who conducted discreet enquiry with reference to the claim of the petitioner, by the said order dated 13.08.1990, the District Collector cancelled the certificate obtained from the Headquarters Deputy Tahsildar, Karur.

(3.) The said order was challenged by way of writ petition in W.P.No.15738 of 1990. The learned single Judge after holding that inasmuch as the enquiry was a discreet enquiry and petitioner is not entitled to copy of the said proceedings, confirmed the order of the District Collector and dismissed the writ petition. Hence, the present writ appeal.