S.Rajaram, S/O.Sankar v. The Member Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2023 CORAM :

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P(MD)Nos.1401 & 1402 of 2016 S.Rajaram ... Petitioner Vs.

1.The Member Secretary Tamilnadu Uniformed Services, Recruitment Board, Chennai - 600 002.

2.The Director General of Police, Tamilnadu, Chennai - 600 004.

3.The Commissioner of Police Tirunelveli City, Tirunelveli.

4.The District Collector Thirunelveli District, Thirunelveli.

.. Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari calling for the records relating to the proceedings of fourth Respondent made in Na.Ka.No.AA1/612/2016 dated 09.01.2016 and quash the same. For Petitioner : Mr.K.Govindarajan For Respondents : Mr.D.Sasikumar, Additional Government Pleader

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] Heard Mr.K.Govindarajan, learned counsel for the petitioner and Mr.D.Sasikumar, learned Additional Government Pleader appearing for the respondents.

2. The Community Certificate is issued to the petitioner of Puthirai Vannan Scheduled Caste. The Appointing Authority referred the said certificate for verification, however, the Collector passed an order holding that the petitioner does not belong to the Scheduled Caste, but belongs to Backward Class.

3. It is not disputed that the District Level Committee exits and the District Level Committee could have only verified the Community Certificate. It is also further submitted that no vigilance has been conducted, even affinity test has not been conducted.

4. In the light of the above, the impugned order is quashed and set aside. The matter is remitted back to the Competent Committee. The learned counsel for the petitioner and the learned Additional Government Pleader submit that the same would be the District Level Vigilance Committee, Tirunelveli District. The petitioner shall appear before the Committee on 08.09.2023. The Committee shall, after following the procedure, decide the claim of the petitioner and about the genuineness of the Community Certificate on its own merits, expeditiously, preferably, within a period of six months from the date of receipt of a copy of this order.

5. With the aforesaid observation, the Writ Petition is partly allowed. No costs. Consequently, connected miscellaneous petitions are closed.

[S.V.G., C.J.] [C.K., J.] 29.08.2023 Index : Yes / No RM

To 1.The Member Secretary Tamilnadu Uniformed Services, Recruitment Board, Chennai - 600 002.

2.The Director General of Police, Tamilnadu, Chennai - 600 004.

3.The Commissioner of Police Tirunelveli City, Tirunelveli.

4.The District Collector Thirunelveli District, Thirunelveli.

5. The District Level Vigilance Committee, Tirunelveli District.

THE HONOURABLE CHIEF JUSTICE and C.KUMARAPPAN, J.

RM 29.08.2023