Sannasi, v. The Commissioner / Secretary,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR. JUSTICE G.CHOCKALINGAM W.P.(MD)No.6909 of 2015 and M.P.(MD)Nos.1 and 2 of 2015 Sannasi ... Petitioner Vs.

1.The Commissioner / Secretary, State Level Scrutiny Committee, Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai - 600 009.

2.The District Collector / District Level Scrutiny Committee (for ST Certificates), Tirunelveli District, Tirunelveli.

3.The Revenue Divisional Officer, Revenue Divisional Office, Tenkasi, Tirunelveli District.

4.The Tahsildar, Taluk Office, Sivagiri Taluk Sivagiri, Tirunelveli District.

... Respondents PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the entire records pertaining to the impugned proceedings in Na.Ka.Aa2/7677/2011 dated 07.11.2013 passed by the 3rd respondent and quash the same as illegal, discriminatory and against the equity and consequently to direct the 3rd respondent to issue permanent Hindu Kattunayakkan Community Certificate (Scheduled Tribe) to the petitioner's children namely S.Ponraj, S.Muthumari and S.Sivakumar, resident of Rayagiri Village, Sivagiri Taluk, Tirunelveli District, within stipulated time. For Petitioner : Mr.M.Sathiyamoorthy For Respondents : Mr.K.Chellapandian Addl.Advocate General Assisted by Mr.N.Manoharan Spl.Govt.Pleader

ORDER

(Order of this Court was made by S.MANIKUMAR, J.) Taking note of the directions issued by Hon'ble Division Bench in W.P.(MD)Nos.1335 of 2015, dated 03.02.2015, this Court on 15.06.2015 in W.P.(MD)Nos.6340 and 6341 of 2015, has passed the following orders:- "In W.P.(MD).No.1335 of 2015, dated 05.02.2015, the Hon'ble First Bench opined that for all the caste certificate cases which naturally require a factual adjudication, at least one appeal remedy for 'Scheduled Caste', Scheduled Tribes' and 'Backward class' should be provided, which may be in the form of scrutiny by the District Level Vigilance Committee. The Hon'ble First Bench has called upon the Secretary, Adi Dravidar and Tribal Welfare Department, Government of Tamil Nadu to look into the matter and provide an appeal remedy for the factual scrutiny of even other cases.

While disposing of a Writ Petition, W.P.(MD).No.1335/2015, dated 05.02.2015, the Hon'ble Division Bench, directed the matter to be posted for compliance on 15.04.2015. The Secretary, Adi Dravidar and Tribal Welfare Department, State of Tamil Nadu, Chennai as well as the District Level Vigilance Committee were directed to file a compliance report at least three days prior to the date fixed for compliance. Copy of the order made in W.P.(MD).No.1335 of 2015, dated 05.02.2015, has been directed to be sent to the above said authorities, though they were not party respondents to the writ petition.

2. When rejection of a request for issuance of community certificate to the present writ petitioners were assailed in W.P.(MD).Nos.6340 and 6341 of 2015, following the directions issued in W.P.(MD).No.1335/2015, dated 05.02.2015, we disposed of the W.P.(MD).Nos.6340 and 6341/2015, on the same terms. Further, we directed the Registry to post the matter for compliance on 08.06.2015. Similar writ petitions challenging the order refusing to grant community certificates are also being filed.

3. Mr.N.Manohar, learned Special Government Pleader for the State, has been taking time on the ground that discussions are being held to provide an appeal remedy, as per the orders of the Hon'ble First Division Bench made in W.P.(MD).No.1335 of 2015, dated 05.02.2015, so far, the same does not been done. Matters are periodically adjourned.

4. Needless to state that admission in

professional, arts and science colleges are made on the basis of merit and rule of reservation. Unless and until, the students belonging to SC/ST/BC/MBC and denotified Communities are issued with community certificates, well in advance or the rejection is tested by an appellate authority, directed to be provided by the Hon'ble First Bench, they would find it difficult to get admission, if they are otherwise qualified. From 05.02.2015, the matter is yet to be decided by the Secretary to the Government, Adi Dravidar and Tribal Welfare Department, State of Tamil Nadu.

5. On this day, once again it is reported by the learned Special Government Pleader that discussions are going on, and Government requires further two months time. We are not satisfied with the inordinate delay in taking decision, particularly, when issuance of community certificates play a role in the matter of admission to educational institutions and therefore, we deem it fit to direct the Secretary, Adi Dravidar and Tribal Welfare Department, State of Tamil Nadu, to appear before this Court on 22.06.2015 at 10.30 a.m. to explain as to why action should not be initiated. It is made clear that if the Government comes out with any order, constituting an appeal remedy, the Secretary to the Government, Adi Dravidar and Tribal Welfare Department, State of Tamil Nadu need not appear. Learned Special Government Pleader is directed to communicate this order to the Secretary, Adi Dravidar and Tribal Welfare Department, State of Tamil Nadu today.

List the matter on 22.06.2015"

2. Thereafter, the present Writ Petition along with similar matters were listed on 26.06.2015. Based on G.O.Ms.No.235, Revenue [RA3(2)] Department, dated 26.06.2015, Mr.K.Chellapandian, learned Additional Advocate General, submitted that the Government have issued orders, providing an Appellate Authority, for filing an appeal, against the order passed by subordinate officers. The Government Order is extracted hereunder:- ABSTRICT Revenue Administration - Certificates - Issue of Community Certificates - providing appelalte authority - Orders - Issued. ------------------------------------------------------------------ ------------------------------- Revenue [RA3(2)] Department G.O(Ms)No.235 Dated 26.06.2015, Aani, 11 Thiruvalluvarandu 2046

Read :

1. G.O.(Ms)No.581, Revenue Department, dated 03.04.1987

2. G.O.(Ms)No.921, Revenue Department, dated 15.06.1991

3. G.O.(2D)No.108, AD & TW Department, dated 12.09.2009

4. Orders of Hon'ble Madurai Bench of Madras High Court in W.P.(MD)No.1335 of 2015, dated 05.02.2015

4. Orders of Hon'ble Madurai Bench of Madras High Court in W.P.(MD)Nos.6340 & 6341 of 2015, dated 15.06.2015 *** ORDER:

In the Government Order first read above, the duties and responsibilities for certain functionaries with executive functions such a Revenue Divisional Officers Tahsildars/ Deputy Tahsildars / Revenue Inspectors with a view to tone up the administration in the Revenue Department at the district and lower levels and to ensure normal standards of efficiency along Revenue Officials were prescribed.

2.The Hon'ble Madurai Bench of Madras High Court in the order fourth read above has ordered as follows:- "All the caste certificate cases which naturally require a factual adjudication, at least one appeal remedy for 'Scheduled Caste', Scheduled Tribes' and 'Backward Class' should be provided, which may be in the form of scrutiny by the District Level Vigilance Committee. We thus has call upon the Secretary, Adi Dravidar and Tribal Welfare Department, Government of Tamil Nadu to look into the matter and provide an appeal remedy for the factual scrutiny of even other cases. ..... compliance".

3. Based on the observation made by Hon'ble Madurai Bench of Madras High Court in W.P.(MD)No.1355 of 2015 that there is a need to have one appeal remedy for issue of Community Certificate to Scheduled Caste, Scheduled Tribe, Backward Classes at the District Level. Government have examined the issue with reference to Government orders issued earlier and Revenue Department's Citizens Charter 2007. Though there are general provisions for appeal against orders passed by subordinate to the immediate higher authority in the hierarchy and such provisions are being used by the public for redressal of grievances, as there is no specific mention of appellate authority in case of community certificate. The existing arrangements for issue of certificates are given below:-

S.No Community Issuing Authority Redressal of Grievances 1.

Backward Classes / Most Backward Classes / Denotified Communities Zonal Deputy Tahsildar District Collector 2.

Scheduled Castes Tahsildar District Collector 3.

Scheduled Tribes Revenue Divisional Officer District Collector & Chairman District Level Vigilance Committee

4. In light of the observation made by the Hon'ble Madurai Bench of Madras High Court, the Government hereby orders that the appellate authority for appeal remedy with regard to issue of community certificates are as follows:- Sl.No. Community Issuing Authority Appelalte Authority Redressal of Grievances 1.

Backward Classes / Most Backward Classes / Denotified Communities Zonal Deputy Tahsildar Tahsildar District Collector 2.

Scheduled Castes Tahsildar Revenue Divisiona l Officer District Collector 3.

Scheduled Tribes Revenue Divisional Officer District Collector District Collector & Chairman District Level Vigilance Committee 5.This orders issue with the concurrence of the AdiDravidar and Tribal Welfare Department vide its U.O.No.4886/CV1/2015-5, dated 26.06.2015. (By Order of the Governor) R.Venkatesan, Secretary to Government

3. Challenge in this Writ Petition is to the order of the Revenue Divisional Officer, Tenkasi, Tirunelveli District, dated

07.11.2013, rejecting the request of petitioner for issuance of Community Certificate. In view of the aforesaid Government Order, constituting an appeal remedy, we permit the petitioner to file an appeal to the District Collector, Tirunelveli District, within 10 days from the date of receipt of a copy of this order. The petitioner is also permitted to raise all the grounds and enclose supporting documents. On receipt of the appeal, after providing an opportunity of hearing to the petitioner, the District Collector, Tirunelveli District / Appellate Authority, is directed to pass orders on the appeal, as expeditiously as possible, not later than one month thereafter.

4. With the above directions, the Writ Petition is disposed of. No costs.

5. As the Writ Petition is disposed of, appearance of Mr.Rama Arasu, Deputy Secretary, Government of Tamil Nadu, Adi Dravidar and Tribal Welfare Department, is no longer required.

6. As true copy of the impugned order is already enclosed in the typed set of papers filed along with the Writ Petition, Registry is directed to return the original impugned orders to the petitioner, after obtaining an endorsement.

SD ASST REGISTRAR ( AE ) TRUE COPY SUB ASST REGISTRAR mpk To 1.The Commissioner / Secretary, State Level Scrutiny Committee, Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai - 600 009.

2.The District Collector / District Level Scrutiny Committee (for ST Certificates), Tirunelveli District, Tirunelveli.

3.The Revenue Divisional Officer, Revenue Divisional Office, Tenkasi, Tirunelveli District.

4.The Tahsildar, Taluk Office, Sivagiri Taluk Sivagiri, Tirunelveli District.

5 The Deputy Secretary, Adi Dravider and Tribal Welfare Dept., Govt of Tamil Nadu,Chennai 9.

6. The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai (as dircted for returning the Original Impugned orders to the petitioner after obtaining an endorsement) 1CC TO MR. MR.SATHIAMOORTHY, ADV., SR: 34871 DM 30 JUN 15 W.P.(MD)No.6909 of 2015 30.06.2015 7P 8C