P MARIAPPAN Vs. CHAIRMAN, STATE LEVEL SCRUTINY COMMITTEE

JUDGEMENT

(1.) The prayer in the writ petition is for the issuance of Writ of Certiorari Mandamus calling for the records relating to the impugned proceedings issued by the 1st to 3rd respondent in No.30863/ CV.2/ 2008- 15, dated 17.11.2016, and to quash the same and consequently direct the respondents 1st to 4th to restore the community certificate issued to the petitioner by the 7th respondent on 26.09.1997.

(2.) It is the case of the petitioner that he passed SSLC in the month of March 1996. He belongs to Hindu "Malakkuravan" caste and the same is classified as Scheduled Tribe community. In the school Transfer Certificate of the petitioner issued by the Government Higher Secondary School, Vallanad it has been specifically mentioned as Hindu - Malakkuravan as Scheduled Tribe. The 7th respondent had issued a community certificate to the petitioner as Scheduled Tribe community as Hindu - Malakkuravan vide Community Certificate No. 3952299 dated 26.09.1997. The 7th respondent has issued the community certificate to the petitioner after conducting through enquiry and recording the statement from the people of the petitioner's village.

(3.) It is the further case of the petitioner that he was appointed as "SYCR" in Defense Services Staff College, Wellington and he joined duty on 27.02.2006. In the appointment order of the petitioner, it has been stated that his appointment was provisional and it is subject to the verification of his caste certificate through proper channel. Thereupon the petitioner was asked to attend the State Level Scrutiny Committee for the enquiry to be held on 02.05.2014 and the petitioner also attended the enquiry on the said date. Thereafter, the committee decided to refer the above case to the SC/ST Vigilance Cell, Madurai Region. Pursuant to the same, the Deputy Superintendent of Police, Madurai Region SC/ST Vigilance cell has submitted his report on 24.07.2014 wherein it is stated that as per the enquiry conducted by him and the Anthropologist in the petitioner's native Village, the community status of the petitioner is Hindu - Malakkuravan and the community certificate issued to the petitioner as Scheduled Tribe "Malakkuravan" by the 7th respondent is a genuine one. Thereupon the petitioner was once again asked to attend the State Level Scrutiny Committee enquiry held on 08.08.2015 and the petitioner also appeared before the Committee on the said date and produced the relevant documents to substantiate his community status.