SHESHA KARTHIK Vs. STATE AND ORS.

JUDGEMENT

(1.) The present Writ Petition has been filed by Shesha Karthik, B.M. (Minor), represented by his Natural Guardian and Father-P.M.Munireddy, seeking to quash the impugned order passed by Respondent No.3/Sub Collector, Hosur, Krishnagiri District, vide Na.Ka.2383/2014 (A4), dated 27.06.2014, in and by which, the request of the petitioner for issuance of Community Certificate to the effect that he belongs to 'Konda Reddis Schedule Tribe' was turned down.

(2.) Mr.P.T.Perumal, learned counsel appearing for the petitioner, at the first instance, would advert to the core factual aspects in brief, by submitting that the petitioner's father-P.M.Munireddy belongs to 'Konda Reddis' Community in Hosur Taluk which Community is notified as 'Scheduled Tribe' (in short ST) as per the Notification issued by R1/Social Welfare Department. The Community Certificate issued by the Deputy Tahsildar, Hosur, on 09.08.1977 to the petitioner's father was submitted by him to the Department of Collegiate Education, Karnataka, while joining duty as Lecturer in 1977. Soon after joining the Teaching Service in the Department of Collegiate Education at Karnataka, one of his rivals by name T.V.Subba Rao/Head of the Department of Telugu, Bengaluru University, raised an allegation to the State Government of Tamil Nadu that Munireddy, without being a Member of 'Konda Reddis' community, had underhandedly obtained the ST Community Certificate. In view of such complaint, R2/District Collector, Krishnagiri, directed the Tahsildar, Hosur, to conduct an enquiry with reference to the community status of the petitioner's father/Munireddy having regard to the allegations made by T.V.Subbarao. After due enquiry, a fresh Community Certificate was issued to Munireddy on 04.02.1978, and on 10.05.1978, the Tahsildar submitted a Report to the District Collector finding that the petitioner's father is a member of 'Konda Reddis'. Consequently, based on the Report of the District Collector, the Government had sent a reply to T.V.Subbarao stating that the Community Certificate issued to the petitioner's father was a genuine document and that he belongs to 'Konda Reddis' community/ST. Even after the issue was thereby concluded, at the instigation of some other person, the then Sub-collector served a notice dated 16.09.1985 upon the petitioner's father, calling upon him to appear before the said Authority on 23.09.1985 for further enquiry to verify his caste status. Aggrieved by issuance of such notice even after a previous thorough enquiry whereby the community status of the petitioner's father was ultimately confirmed, he had moved a writ petition in W.P. No.13352 of 1985, seeking issuance of a mandamus against the respondents not to conduct any further enquiry pursuant to the impugned notice therein. While allowing the said writ petition with costs, Sathiadev, J. (as His Lordship then was) not only found that once the process of verification was completed, the Sub-Collector had no jurisdiction at all to issue the impugned notice therein but also remarked that the required restraint had not been exhibited by the Authority concerned before issuing the impugned proceedings. Aggrieved by the same, when an appeal in W.A. No.1054 of 1986 was filed, by Judgment dated 25.04.1989, the Division Bench had affirmed the order of the learned single Judge holding that there was no reason to interfere with the conclusion reached by the learned single Judge. After the aforesaid litigations, ultimately, on 07.07.1990, the then Sub Collector, Hosur, had issued Final Community Certificate stating that the petitioner's father belongs to 'Konda Reddis'/ST, with a recital in the certificate that the it was issued based on the judgments delivered in W.P. No.13352 of 1985 and W.A. No.1954 of 1986.

(3.) In the light of the factual scenario outlined, learned counsel would assail the impugned rejection order by stating that when the issue relating to community category of the petitioner's father was already concluded leaving no ambiguity about his community status as ST/'Konda Reddis', it goes without saying that, having made the request for issuance of the Community Certificate on the strength of the document issued in favour of his father, his son deserves automatic grant of the same. While so, in spite of the petitioner submitting all relevant documents including the Transfer Certificate issued by Kendriya Vidyalaya, Railway Colony, Bengaluru, wherein, it is categorically mentioned that the petitioner belongs to ST category, very unfortunately, the third respondent on whimsical reasonings, declined to issue the Community Certificate. It is pointed out that the petitioner, who aspired for Higher Studies in Science, took the CLAT (Common Law Admission Test) 2014 and also got selected for First Exercise List as per the Communication sent by the CLAT Authorities on 10.06.2014, whereupon, initial admission fee of Rs.1 lakh was also paid for the given allotment in R-5/National Law University of India (NLUO), Cuttack, for BBA-LLB, however, as per the admission intimation sent by R-5, the petitioner shall have to submit all required documents and Certificates on 02.07.2014. Even though the Application seeking issuance of Community Certificate for the petitioner was made on 30.05.2009 and it was followed by repeated personal visits, the authorities remained indolent, which attitude rather compelled the petitioner to file W.P. No.15654 of 2014 seeking a direction to R-3 to forthwith issue Community Certificate and, by Order dated 18.06.2014, a Division Bench of this Court disposed of the case with a direction to the third respondent to consider the application of the petitioner on merits and in accordance with law. But the third respondent, without properly appreciating the actual facts and the underlying merits, unfortunately declined to accede to the genuine plea of the petitioner, resulting in the present litigation. He also added that, in the light of the judgments resulted in favour of the petitioner's father whereby, any further enquiry into his community status was held to be out of jurisdiction and thereby, the category of the petitioner's father as a member of the 'Konda Reddis' is concluded with the issuance of the Final Community Certificate, the respondents cannot re-litigate as the principles of res judicata also clearly apply here.