K GANGARANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) (THE Order of the Court was made by Hon'ble The Chief Justice)The petitioner was appointed in the post of Steno Grade II in Food Corporation of India vide Order No. 285/89 EI dated 26. 09. 1989 in a vacancy reserved for Scheduled Tribe candidates on the basis of the Scheduled Tribe Community Certificate produced by her bearing No. 017464 dated 12. 09. 1989 issued by the Tahsildar, Tuticorin to the effect that she belonged to Hindu Kattunaicken caste. The said community certificate was sent for verification to the Revenue Divisional Officer who upon conducting an enquiry submitted a report dated 06. 06. 1990 stating that the petitioner does not belong to Hindu Kattunaicken caste as claimed by her, and thereupon the District Collector, Tuticorin by order dated 23. 11. 1990 directed proceedings to be initiated for cancellation of the petitioner Scheduled Tribe community certificate. The order of the District Collector was impugned by the petitioner in W. P. No. 2038 of 1991, which came to be dismissed as premature on 31. 10. 1996 with an observation that it was expected that the revenue authorities shall complete the verification and enquiry with regard to the community of the petitioner as early as possible in accordance with law.

(2.) THEREAFTER the District Collector, Tuticorin by proceedings bearing no. Na. Ka. E5/45543/91 dated 11. 08. 1998 cancelled the Scheduled Tribe community certificate of the petitioner. The petitioner again approached this Court in W. P. No. 13085 of 1999, and this Court, without going into the merits of the case, by order dated 14. 12. 1999 set aside the above order on the sole ground that it was without jurisdiction in as much as after 01. 04. 1997, the District Level Caste Scrutiny Committee established by the Government of Tamil Nadu vide G. O. Ms. No. 18 (2-D) alone could verify the community certificate with respect to its correctness and it was also observed that it is for that Committee to take further action, if it is necessary. The matter was then referred to the District Level Caste Scrutiny Committee in accordance with the aforesaid order of this Court and after enquiry by that Committee it was communicated to the Food Corporation of India by the second respondent that all the community certificates issued in favour of the petitioner including the Permanent Community Certificate No. 017464 dated 12. 09. 1989 have been cancelled by the District Level Caste Scrutiny Committee on finding that the petitioner does not belong to Hindu Kattunaicken caste.

(3.) THE petitioner then filed W. P. No. 9064 of 2000 impugning the order bearing Na. Ka. No. E5/8170/2000 dated 25. 05. 2000 in and by which her community certificate was cancelled. This Court by order dated 05. 09. 2000 set aside the impugned order dated 25. 05. 2000 on the ground that the same had been passed by the District Collector instead by the District Level Vigilance Committee, despite the earlier order dated 14. 12. 1999 passed by this Court in W. P. No. 13085 of 1998. Shortly thereafter the District Level Vigilance Committee, Tuticorin after conducting a detailed enquiry, by affording opportunity to the petitioner, and examining all the contentions raised by her, passed a detailed order bearing no. Na. Ka. E5/8170/2000 dated 07. 06. 2001 holding that the petitioner does not belong to Hindu Kattunaicken caste and hence, cancelled the Scheduled Tribe Community Certificate issued to her by the Tahsildar, Tuticorin. The petitioner again approached this Court by way of W. P. No. 27210 of 2003, which came to be disposed of in the light of G. O. Ms. No. 111 dated 06. 07. 2005 which provided for re-constitution of the District Level Vigilance Committee by co-opting an Anthropologist as the third member, and it was directed that if the re-constituted Three Member District Level Committee is addressed to verify her communal status, then the Committee shall go into it and dispose of the proceedings in the manner known to law, after providing reasonable opportunity to her, in any event, within three months from the date of commencement of the proceedings. In view of the aforesaid order, the matter was referred to the Three Member District Level Vigilance Committee reconstituted as per G. O. Ms. No. 111 dated 06. 07. 2005, which again verified the validity of the community certificate of the petitioner by duly conducting an enquiry and after affording reasonable opportunity passed a detailed order dated 13. 04. 2007 in proceedings no. Na. Ka. A4-87083/2003 holding that the petitioner does not belong to Kattunaicken caste and cancelled the Scheduled Tribe community certificate that had been issued by the Tahsildar, Tuticorin earlier in her favour. By the impugned order, the Committee also cancelled the certificates of the sisters of petitioner namely, Vanaja and Vijayalakshmi and Mallika, which is the subject matter of separate writ petitions with which, we are not presently concerned.