P. MAHALAKSHMI Vs. DISTRICT EDUCATIONAL OFFICER

JUDGEMENT

(1.) This Writ Petition has been filed against the order, dated 11.03.2011, passed by the second respondent, namely, the District Level Community Certificate Verification and Vigilance Committee, cancelling the Community Certificate issued to the petitioner's husband stating that the Certificate obtained by him was not a genuine one. Aggrieved by the same, the petitioner has come forward with the present Writ Petition.

(2.) The case of the petitioner is that her husband A.Paramasivan was appointed as an Office Assistant in the Government High School, Palavoor, Tirunelveli District, in the year 1991. At the time of his appointment, the husband of the petitioner submitted a Community Certificate issued by the Tashildar, Nanguneri, Tirunelveli District, on 16.09.1980, to the effect that he belongs to 'Hindu Sholaga Community', which is a Scheduled Tribe. When the above Certificate was sent for verification, the District Collector, by his order dated 28.11.1996, cancelled the Community Certificate issued to the petitioner's husband. Challenging the correctness of the same, the petitioner's husband had filed W.P.No.19265 of 1996 and this Court, vide its order, dated 28.01.2004, allowed the said Writ Petition by granting liberty to the respondents therein to proceed afresh against the petitioner, by properly constituting a Vigilance Committee in terms of the directions issued by the Supreme Court in Kumari Madhuri Patil and another Vs. Additional Commissioner, Tribal Development and others, reported in (1994) 6 SCC 241. When the enquiry proceedings were set in motion, the petitioner's husband died on 02.12.2009 and thereafter, the petitioner participated in the enquiry. Ultimately, the respondents rejected the claim of the petitioner and hence, this Writ Petition has been filed.

(3.) Learned Counsel for the petitioner would submit that despite a specific direction given by this Court to proceed with the enquiry in terms of the directions given in the decision cited supra, instead of the enquiry being conducted by the State Level Committee, the District Vigilance Committee has conducted the enquiry. Hence, there is a flaw in the impugned order and prays for appropriate orders.