K SURESH BABU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner has sought for a writ of mandamus in this writ petition, directing the respondents to validate the community certificate issued by the Tahsildar, Mayiladuthurai and accept the petitioner's community certificate treating the petitioner as a Scheduled Tribe belonging to Kattunaicken community.

(2.) The petitioner states that he studied Bachelor of Engineering, Mechanical Branch, in Alagappa Engineering College, Karaikudi from 1989 to 1993 and secured degree. While he was studying in the said college the Revenue Divisional Officer, Kumbakonam, the second respondent herein enquired about the community certificate of the petitioner as per the direction of the District Collector of Thanjavur. The petitioner while securing the seat in the engineering college had submitted his community certificate as Kattunaicken community, a Scheduled Tribe community. The Revenue Divisional Officer, after completion of the enquiry, confirmed that the petitioner belongs to a Scheduled Tribe community, and therefore, he was allowed to complete the said degree course in the year 1993. The community certificate issued by the Tahsildar had not been cancelled.

(3.) The petitioner was called for an interview on 29-9-1994 by M/s. Bharat Heavy Electricals Ltd., Tiruchirapalli. In order to attend the said interview he applied to the Revenue Divisional Officer, Kumbakonam to issue a community certificate as a Scheduled Tribe since the petitioner and his parents migrated from Mayiladuthurai to Kumbakonam and became permanent residents of Kumbakonam. But the Revenue Divisional Officer, Kumbakonam declined to issue the said community certificate on the ground that the petitioner had to approach the R.D.O., Mayiladuthurai. In this process the petitioner lost a valuable chance of public employment. The father of the petitioner and his grandfather were given community certificates as belonging to Scheduled Tribe community stating that Kattunaicken community is a Scheduled Tribe community.