K MANAVALAN Vs. TAMILNADU STATE LEVEL SCRUTINY COMMITTEE

JUDGEMENT

(1.) Heard Mr.V.Vijay Shankar, learned counsel appearing for the Petitioner; Mr.K.V.Dhanapalan, learned Special Government Pleader appearing for the first respondent and Mr.R.Vijaykumar, learned counsel appearing for the second respondent and perused the materials placed on record.

(2.) The Petitioner was issued with a Community Certificate as belonging to Kondareddis Community by the Tahsildar, Thuraiyur on 09.09.1977 which has been cancelled by the first respondent / State Level Scrutiny Committee by proceedings No.12782/CVIII/2014 dated 05.05.2017 and in pursuance thereof the employer of the Petitioner viz., Food Corporation of India through its General Manager, Tamil Nadu by proceedings No.E.1/3(12)/2013 dated 12.05.2017 issued a notice to the Petitioner calling upon him to show cause within 5 days from the date of receipt of that notice as to why he should not be terminated from services as he had been appointed against a vacancy exclusively reserved for Scheduled Tribe. Aggrieved thereby the Petitioner has preferred the instant Writ Petition impeaching the aforesaid order dated 05.05.2017 passed by the first respondent as well as the order dated 12.05.2017 issued by the second respondent.

(3.) It is not in dispute that the Petitioner had joined in the post of Junior Engineer in the services of the second respondent / Food Corporation of India against a vacancy exclusively reserved for Scheduled Tribes on the strength of the caste certificate dated 18.12.1980 issued to that effect by the First Class Magistrate, Itanagar, Government of Arunachal Pradesh. When the Scheduled Tribe community status of the Petitioner was sent for verification to the Revenue Authorities of the Government of Tamil Nadu, it had been initially held by the Director of Adi Dravidar and Tribal Welfare Department vide proceedings No.H.3/89434/87, dated 13.01.1989 that the Petitioner belongs to 'Reddiar' Community and based upon the same, disciplinary proceedings had been initiated against the Petitioner. Suffice to state here that though several Writ Petitions had been filed from time to time by the Petitioner against the orders adverse to him regarding his Scheduled Tribe Community status, the same had been set aside without going into merits and the matter was directed to be decided afresh. Ultimately, the verification of the Scheduled Tribe Community status of the Petitioner had reached the State Level Scrutiny Committee and on receipt of the report bearing C.No.4/DSP/SC/ST Vigilance Cell/Trichy Region/2016, dated 26.07.2016 from the Vigilance Cell, the Petitioner was issued a show cause notice dated 31.08.2016 by the Director of Tribal Welfare, Government of Tamil Nadu which was challenged by the Petitioner in W.P.No.33089 of 2016 before this Court. The aforesaid order dated 31.08.2016 issued by the Director of Tribal Welfare was set aside by this Court by order dated 21.09.2016 in W.P.No.33089 of 2016 with an observation that it was for the State Level Scrutiny Committee to proceed from the stage of vigilance report. Thereafter, another notice dated 11.11.2016 was issued to the Petitioner by the Director of Tribal Welfare, Government of Tamil Nadu who is also described therein as the Member Secretary of the State Level Scrutiny Committee. That apart, by letter No.12782/CV.III/2014-3, dated 24.01.2017, the Principal Secretary to Government, Adi Dravidar and Tribal Welfare Department, Government of Tamil Nadu issued a notice to the Petitioner informing him that the State Level Scrutiny Committee had decided to hold an enquiry on 06.02.2017 for verification of genuineness of his Kondareddis Scheduled Tribe Community Certificate and he was directed to appear before that Committee for enquiry along with original documents mentioned therein to substantiate his claim. In pursuance of that enquiry, the State Level Scrutiny Committee by proceedings No.12782/CVIII/2014, dated 05.05.2017 cancelled the Kondareddis Scheduled Tribe Community Certificate dated 09.09.1977 issued by the Tahsildar, Thuraiyur and the form of caste certificate dated 18.12.1980 issued by the First Class Magistrate, Itanagar, Government of Arunachal Pradesh, to the Petitioner.