B DEVADANAM Vs. DISTRICT COLLECTOR COIMBATORE

JUDGEMENT

(1.) The prayer in the writ petition is to issue a writ of certified mandamus, calling for the records in N.K. No. 36769/ 91 / OW-3, on the file of the first Respondent and quash the order dated 25-9-1991 made thereon as illegal, null and void and consequently direct the second respondent to permit the petitioner to continue his studies in the Sankara Institute of Technology - second respondent herein.

(2.) The petitioner joined the second respondent Institute, in a three year diploma course, (Electronics). It seems that the petitioner's parents belong to the State of Kerala and the petitioner's father was working as a Scientist in the Botanical Survey of India, Coimbatore since 1965, and as such the petitioner studied at St. Thomas High School Coimbatore from the first standard till the Completion of plus two course, and thereafter he got admission in the second respondent Institute, on the basis of a community certificate issued by the Deputy Tahsildar North on 28-3-1989 wherein he was certified that the petitioner belongs to Hindu Vannan Community.

(3.) The petitioner alleges in the affidavit that since his parents belong to 'Mannan community' in Kerala State and that his parents were certified to belong to that community, in the transfer certificate issued by the St. Thomas Higher Secondary School, his community is mentioned as 'Mannan' community. The petitioner alleges that he got a certificate from the Taluk Office, Ambalapuzha on 29-6-1990 to the effect that he belongs to Hindu Mannan Community which is a Scheduled Caste Community in Kerala State. It is alleged that at time of admission, the principal of the second respondent insisted that the petitioner should produce a certificate from Deputy Tahsildar, Coimbatore North, regarding his community, and that accordingly he approached the Deputy Tahsildar and represented that he belongs to Mannan community in Kerala, which is a Scheduled Caste Community in Kerala. The petitioner produced (certificate) obtained from Kerala to the effect that he belongs to Mannan Community, and requested that he should be certified to belong to Mannan community. However, it seems that the Deputy Tahsildar took a stand that there is no community as Mannan community in Coimbatore District and that the Vannan community in Coimbatore district being equivalent to Mannan community in Kerala, he could give a certificate, certifying that he belongs to Hindu Vannan Community. The petitioner alleges in the affidavit that he never requested the Deputy Tahsildar to give him a certificate that he belongs to Vannan community, because Mannan community of Kerala is Scheduled Caste Community, where as Hindu Vannan Community of Coimbatore is categorised as most Backward Class. It is also stated by the petitioner that he is not responsible for such a certificate being issued by the Deputy Tahsildar, Coimbatore stating that the petitioner belongs to Hindu Vannan Community. It seems that the Principal of second respondent wrote to the Collector of Coimbatore on 6-3-1991 stating that in the transfer certificate, the community of the petitioner was mentioned as Mannan community and that there was a difference in the community mentioned by the Deputy Tahsildar, Coimbatore North and the community certificate issued by him. It seems that the Principal of the second respondent also wrote a letter on 25-3-1991 stating that the difference regarding the community given in the school certificate and the certificate issued by the Deputy Tahsildar of Kerala and the certificate issued by the Deputy Tahsildar, Coimbatore was because of the difference in the native usage. The petitioner alleges in the affidavit the Mannan of Kerala and Vannan of Tamil Nadu are both 'Salavai Thozhilalar' and that it should be recognised as either Most Backward Class or Scheduled Caste in Coimbatore district. It further stated in the affidavit that the third respondent herein has conducted an enquiry and passed an order on 9-7-1991 stating that Mannan communty is found only in Kanyakumari and Tirunelveli districts and that there is no basis for declaring him as belonging to Vannan community and as such the certificate, issued by the Deputy Tashildar should be cancelled. It is also stated that the third respondent did not declare even though recognised that the petitioner belonged to Mannan community and that he was entitled to a certificate to the effect that he belonged to that community. The petitioner alleges that the certificate issued by the Deputy Tahsildar, Coimbatore North was cancelled and that the third respondent did not come to the conclusion as to what community the petitioner belongs. It seems that the petitioner's representation to the respondent on 29-7-1991, the first respondent conducted an enquiry and passed orders on 25-9-1991 stating that a person belonging to Mannan community in Kerala cannot be declared as belonging to Vannan community in Coimbatore and that therefore the certificate issued by the Deputy Tahsildar, Coimbatore North on 31-7-1990 should be cancelled. It is also stated that the first respondent did not direct the Deputy Tahsildar, Coimbatore North to issue an amended certificate to the effect that the petitioner belongs to Mannan commuity. It seems the results of the first year examination have been withheld and the petitioner was not allowed to write to appear for the terminal examination of the second year. At this stage the petitioner has approached this court with this writ petition. The case of the petitioner is that in Kerals State, there is Mannan community as well as Vannan community and both belong to Scheduled Caste and that by migaration to Tamil Nadu and settling down at Coimbatore, he cannot for feit the right to be categorised as belonging to a particular community. It is also stated that he is entitled to retain the same community whether he is in his native district or in another State to which he migrated. The petitioner also alleges that orders of respondents 1 and 3 that the petitioner did not belong to Vannan community should be declared as belonging to Mannan community. It is further stated that orders of respondents 1 and 3 are arbitrary, illegal and violative of principles of natural justice and that the petitioner is entitled to be declared as belonging to Mannan community. In such circumstances, the petitioner is before me.