JAYASREENIVASAN Vs. DISTRICT COLLECTOR TRICHIRAPPALLI DISTRICT TRICHIRAPPALLI

JUDGEMENT

(1.) THE petitioner has challenged the order of Respondent no. 1, dated 6. 8. 1989, in Na. Ka. M. 2. 122595 of 1985, cancelling the Community certificate issued to the petitioner.

(2.) THE petitioner joined the Madras Customs House, as a lower Division Clerk, on 13. 9. 1982. He produced a community certificate, which certified that he belonged to ST community, called'kattunaikan'. On 20. 5. 1985, respondent No. 4 sent a list of SC/st quota appointees to the SC/st commissioner on their request. THE District Collector, by his letter, dated 25. 12. 1985 called for the original community certificate of the petitioner for verification, which was sent on 23. 3. 1988 from the Deputy Secretary, Social welfare Department, stating that the petitioner did not belong to the ST community. Respondent No. 4 was informed that action was to be initiated against the petitioner by the Collector of Trichy. THE Collector, Trichy, vide his letter dated 19. 5. 1989, addressed to Respondent No. 4, sent notice to the petitioner, summoning him to appear before him on 30. 5. 1989, at 4. 00 p. m. Based on the enquiry, the Collector of Trichy cancelled the Community Certificate (ST certificate) of the petitioner and held that the petitioner belonged to a backward community (Gavara) and not to the ST community. Subsequently, the additional Collector of Customs vide his letter dated 5. 10. 1989 to the collector of Trichy sought clarification on certain points. THE clarification was not given by the Collector of Trichy. In the meanwhile, the petitioner has approached this Court, through this writ petition and has obtained stay.