M. SANJEEVA MOORTHY Vs. THE REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) THE petitioner has approached this Court to issue a writ of certiorarified mandamus calling for the records relating to the first respondent in his proceeding Na.Ka.No. 9755/93/A3, dated 28.1.1994 quash the same and consequently direct the third respondent to regularise the service of the petitioner with effect from 3.1.1994 with all monetary benefits.

(2.) THE case of the petitioner is briefly stated hereunder. According to the petitioner, his ancestors, his father were permanently residing at Echanahalli village from time immemorial and by birth belonged to 'Kurichchan' community which is a Schedule Tribe class under the Tamilnadu Educational Rules and as per the Gazette Notification published by the Government of Tamilnadu. In the year 1985, he completed Higher Secondary Course. Thereafter, he made an application on 12.6.1985 for issuance of transfer certificate. In the transfer certificate issued in favour of the petitioner serial No. 224/85 -86, dated 12.6.1985, in column No. 4 it was stated 'Indian, Hindu, Kurichchan' community. It is further contended that subsequently on 17.6.1985, he registered his name at the Employment Exchange to obtain suitable job. In the year 1988, he obtained conductor licence as per Motor Vehicles Act, 1988. Thereafter, again he registered at the Employment Exchange in the year 1988 and renewed it in the year 1991. In pursuance of the said registration, third respondent sent a communication for the interview to be held on 20.7.1993. In the said communication, he was asked to produce original community certificate and the educational qualification certificate. It is further contended that after interview by the third respondent, he was selected temporarily for the post of conductor and as per the proceedings dated 27.12.1993, he was asked to undergo training from 3.1.1994. On seeing the community certificate dated 20.6.1980, the third respondent refused to accept the same and insisted the petitioner to produce a fresh community certificate issued by Revenue Divisional Officer concerned since he is the . only competent authority for issuing Schedule Tribe community certificate.

(3.) THE learned Counsel for the petitioner submitted that inasmuch as the competent authority namely the Tahsildar has issued a certificate dated 20.6.1980 holding that the petitioner belongs to 'Kurichchan' community, which is a schedule tribe class under the Tamil Nadu Educational Rule, the impugned order passed by the Revenue Divisional Officer cannot be sustained. He further submitted that the said certificate issued by the Tahsildar is prior to the G.O.Ms.No. 2137, dated 11.11.1989 and in view of the two clarifications sent by the Government, there is no need to pass the impugned order by the first respondent. In any event, he contended that the first respondent has not given adequate opportunity to the petitioner before passing the impugned order. In support of the above contentions, the learned Counsel has very much relied on decision of this Court reported in Suresh Babu v. The State of Tamil Nadu (1996) 1 M.L.J. 538. On the other hand, the learned Government Advocate appearing for respondents 1 and 2 submitted that even on the basis of two Governments letters, it is open to the first respondent to verify and ascertain the genuineness of the certificate issued by the Tahsildar on 20.6.1980. In other words, according to him, in spite of Government Order G.O.Ms.No. 2137, AD&TW; Dept., dated 11.11.1989, it is open to the first respondent to enquire into the genuineness of the certificate issued by the Tahisildar. He also submitted that the impugned order clearly shows that petitioner was given adequate opportunity to put forth his case and prayed for dismissal of the writ petition.