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Madras High CourtWMP/35818/2018disposed of

M.Kumaran, v. The Commissioner,

2018-11-29Honourable Mr Justice T.Raja4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Thursday, the Twenty Ninth day of November Two Thousand Eighteen PRESENT THE HON`BLE MR JUSTICE T.RAJA WMP.No.35818 of 2018 in WP.No.7138 of 2018 M.KUMARAN, [ PETITIONER ] Vs 1 THE COMMISSIONER, [ RESPONDENTS ] DIRECTORATE OF TECHNICAL EDUCATION, GUINDY, CHENNAI 25 2 THE CONTROLLER OF EXAMINATIONS, ANNA UNIVERSITY, GUINDY, CHENNAI 25 3 THE PRINCIPAL GOVERNMENT COLLEGE OF ENGINEERING, SENGAPATTI VILLAGE, TANJAVUR DISTRICT 613 402 4 STATE LEVEL CASTE SCRUTINY COMMITTEE, REP BY ITS CHAIRMAN AND SECRETARY TO GOVERNMENT, ADI DRAVIDAR AND TRIBAL WELFARE (CV-4(1) DEPARTMENT, SECRETARIAT, CHENNAI 9 Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order interim direction, directing the respondents 1 to 3 to publish the petitioner's 1st Year B.E. May 2018 (2nd Semester) results (Reg.No.822717114022) and to write the future examinations, (in WMP.No.35818/2018)pending disposal of the above WP.No.7138/2018.

Order: This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.S.DORAISAMY, Advocate for the petitioner and of M/S.K.KARTHIKEYAN, Government Advocate on behalf of the 1 & 3 respondents and of M/S.L.P.SHANMUGHASUNDARAM, Standing Counsel for the 2nd respondent and of MRS.P.RAJALAKSHMI, Additional Government Pleader for the fourth respondent the court made the following order:-

Mr.M.Kumaran, S/o Murugan, a resident of Kanavaipudur village, Omalur Taluk, Salem District, claims belonging to Kurumans Community, which is a Scheduled Tribe community. Since his father Murugan is an illiterate who studied only First Standard and his mother studied upto Tenth Standard, being coolies, they were unable to get any community certificate. The petitioner's own sister M.Sivaranjani also got school records showing that her community is Kurumans (ST) community. They have also preferred an application to the Revenue Divisional Officer, Mettur on 8.9.2015 requesting for issuance of community certificate to the petitioner and his sister and along with the application, they enclosed the following certificates:-

1. School records of the petitioner's mother

2. School records of the petitioner and his sister

3. School record of the petitioner's father (I Std.)

4. Community certificates and State Level Scrutiny Committee report of Devi and Kaviyarasan who are the close relatives of the petitioner.

5. Cultural report issued by Director, Adi Dravidar and Tribal Welfare Department in respect of Kurumans community.

6. Family tree relationship certificate issued by the Tahsildar, Dharmapuri Since no order was passed, the petitioner's mother filed Writ Petition No.4509 of 2016 and this Court passed an order on 5.2.2016, disposing of the writ petition, directing the respondent to look into the application dated 8.9.2015 made by the parents after giving reasonable opportunity to them and then to pass an order.

2. The learned counsel for the petitioner, arguing further, submitted that the Revenue Divisional Officer, Mettur, without following the proper procedure, rejected their claim on 23.1.2017, against which also Writ Petition No.7886 of 2017 was filed. When the said writ petition came up for hearing, a direction was given to them to file an appeal against the order passed by the Revenue Divisional Officer, Mettur before the District Collector, Salem, as per G.O.(Ms.)No.147, Revenue Department dated 17.3.2016. Accordingly, an appeal was preferred before the District Collector on 5.1.2018. Again, without following the guidelines issued by the Supreme Court in Kumari Madhuri Patil's case reported in AIR 1995 SC 94, the District Collector, Salem also rejected the claim on 10.3.2018. As against that order, second appeal has been

preferred to the State Level Scrutiny Committee on 19.3.2018 as per G.O.(Ms.)No.147 dated 17.3.2016. In the meanwhile, the petitioner was given admission to the first year B.E., course under the Scheduled Tribe category, as per the order dated 30.8.2017 passed in W.P.No.19769 of 2017 and W.M.P.No.21341 of 2017. Since the petitioner has been pursuing his first year B.E. Course in the third respondent college, in view of not obtaining the community certificate from the State Level Scrutiny Committee, he has been instructed orally not to attend the classes and also not permitted to write the first year examination. Therefore, the petitioner has again come to this Court with the third Writ Petition No.7138 of 2018 seeking a direction to the respondents 1 to 3 to permit him to continue the B.E.

, course and also write the examination till the issue is decided. Consequently, this Court also directed the respondents 1 to 3 to permit the petitioner to continue his B.E. Degree course and write the examination. By virtue of the order, the petitioner was permitted to write the first year B.E.Degree examination. Now, the results of the first year B.E.Degree examination were also declared, except the petitioner's result. Hence, the petitioner is not able to move to the second year of the B.E.Degree course. Unless the results of the petitioner for the first year B.E.Degree course are declared, the third respondent will not be permitting the petitioner to move to the second year of the course. Therefore, a direction be issued, he pleaded.

3. In support of his claim, Mr.S.Doraisamy submitted that once the State Level Scrutiny Committee takes up the case of the petitioner, the petitioner has got fair chances to succeed for issuance of the community certificate certifying that the petitioner belongs to Kurumans ST community. But only one State Level Scrutiny Committee is sitting on almost 3000 cases, as a result the petitioner has been put to problem. He has also submitted that the petitioner's mother's sister's son Kaviyarasan and the petitioner's mother's sister's daughter Devi have also been issued with community certificates certifying that they belong to Hindu Kurumans Scheduled Tribe community. Therefore, these documents are going to help the petitioner, provided the State Level Scrutiny Committee takes up the issue. Hence, an interim direction be issued to the third respondent college to declare the results of the first year examination written by the petitioner and also permit him to continue the second year B.E.Degree course, subject to the result of the writ petition.

4. Mrs.P.Rajalakshmi, learned Additional Government Pleader appearing for the fourth respondent submitted that the State Level Scrutiny Committee, after taking up the case of the petitioner, has directed the Vigilance Committee to go into the genuineness of the certificates produced by the petitioner. As soon as the report of the Vigilance Committee is placed before the State Level Scrutiny Committee, the application of the petitioner's parents will be considered.

5. Heard learned counsel for the parties.

6. Since the petitioner's mother's sister's son Kaviyarasan has been issued with the community certificate certifying that he belongs to Kurumans Scheduled Tribe community and in addition thereto, one Devi, who is also the daughter of the petitioner's mother's sister, has also been issued with another community certificate certifying that she belongs to Kurumans Scheduled Tribe community, this Court hereby directs the third respondent to declare the results of the first year B.E.Degree examination written by the petitioner bearing Regn.No.822717114022 within a week from the date of receipt of a copy of this order and if the petitioner is declared PASS, he may be allowed to pursue his second year B.E.Degree course. This order will be subject to the result of the writ petition. With this direction, W.M.P.No.35818 of 2018 stands disposed of.

Post the writ petition after four weeks.

-sd/- 29/11/2018 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE COMMISSIONER, DIRECTORATE OF TECHNICAL EDUCATION, GUINDY, CHENNAI 25 2 THE CONTROLLER OF EXAMINATIONS, ANNA UNIVERSITY, GUINDY, CHENNAI 25 3 THE PRINCIPAL GOVERNMENT COLLEGE OF ENGINEERING, SENGAPATTI VILLAGE, TANJAVUR DISTRICT 613 402 4 THE CHAIRMAN AND SECRETARY TO GOVERNMENT, STATE LEVEL CASTE SCRUTINY COMMITTEE, ADI DRAVIDAR AND TRIBAL WELFARE (CV-4(1) DEPARTMENT, SECRETARIAT, CHENNAI 9 C.C. to M/S.S.DORAISAMY Advocate, Sr.No.14765. C.C. to M/S.L.P.SHANMUGHASUNDARAM, Standing Counsel on payment of necessary charges The Additional Government Pleader, High Court, Madras - 104. Order in WMP.No.35818 of 2018 in WP.No.7138 of 2018 Date :29/11/2018 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format KP(04/12/2018) (IT)