BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24/08/2007
CORAM:
THE HONOURABLE MR. JUSTICE K.CHANDRU
WRIT PETITION (MD) No.3658 of 2004
K.Venkateswaran .. Petitioner
vs.
1.The District Collector,
Collectorate Office,
Karur District.
2.The Revenue Divisional Officer,
Kulithalai.
3.The District Employment Officer,
District Employment Office,
Karur - 639 001.
4.The District Elementary
Educational Officer,
Karur District. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India to
issue a Writ of Certiorarified Mandamus calling for the records of the 2nd
respondent in O.Mu.A.6/7742/2004 dated 10.11.2004, quash the same and further
direct the respondents to issue interview card to the petitioner for the
appointment as teacher in Elementary School at Karur District.
!For petitioner ... M/s.Sarvabhauman Associates
^For respondents ... Mr. A.Sunderrajan,
Government Advocate
:ORDER
The petitioner, in the present case, seeks to quash the order dated
10.11.2004 issued by the second respondent, by which it is stated that the
petitioner was not a bona fide resident of Karur and therefore, no bona fide
certificate can be granted to him for having his name registered in the
Employment Exchange in Karur.
2. The case of the petitioner is that he is living at No.164, Vanjiamman
Koil Street, Karur Post, Karur Taluk. After completing his X Standard in the
year 1991, he joined Higher Secondary School at Hindu Nadar Uravinmurai
Committee Higher Secondary School, T.N.Pudupatti and completed Higher Secondary
Course in March 1994. After passing the Higher Secondary Course, he joined the
Government Teachers Training Institute at Samugapuram and completed the Course
in First Class in July, 2000.
3. His parents were staying at Kulithalai and his father showed his
residence as Kulithalai for doing business in paddy. At that time, their
residence was at 256-A, N.G.O.Colony, Anna Nagar, Vaiganallur North, Kulithalai
Taluk, Karur District. Based upon his residence, the Tahsildar, Kulithalai
issued a Residence Certificate dated 17.1.2002 and the petitioner got himself
registered in the Employment Exchange with Regn.No.198/2002 on 5.2.2002 and it
was valid for a period of three years i.e. till February, 2005.
4. The petitioner’s family was also given a family card by the Tahsildar
for the year 1998 – 2003 for their residing in the address menditoned in para 1
of the ration card viz., 256-A, N.G.O.Colony, Anna Nagar, Vaiganallur North,
Kulithalai Taluk, Karur District. The address found in the family card was also
subsequently changed to the new address by the District Civil Supply Officer
vide his endorsement dated 16.9.2004. The petitioner’s name was also found in
the Voter’s card issued at Kulithalai. Insofar as the Employment Exchange
Registration, the petitioner is fairly in the top of the list of candidates
maintained by the Employment Exchange in Karur and when posts were advertised
for the Elementary School Teachers, the petitioner’s name was not sponsored.
When he approached the officers concerned, he was told that the second
respondent R.D.O had passed an order dated 10.6.2003. As he was not given some
order copy, which forced him to complain to the District Collector and on his
intervention, the impugned order came to be passed. It is this order which is
under challenge.
5. Heard the learned counsel for both sides and have perused the records.
6. The learned counsel for the petitioner also produced a certificate
issued by the Tahsildar dated 9.6.2004 wherein the petitioner’s name has been
removed from the family card given in Sivagiri Taluk as early as 9.6.2004.
Therefore, on the strength of the same, learned counsel for the petitioner
argued that the order passed by the second respondent was illegal and contrary
to the records and the second respondent had not conducted any proper enquiry
and had not applied his mind in refusing to grant bona fide certificate.
7. The impugned order mainly relies upon two factors: That the petitioner
had studied in the School and Teacher Training Institute located in Tirunelveli
and his caste certificate was also obtained from the Tahsildar, Tirunelveli.
Both the factors cannot have any bearing on the residential qualification of the
petitioner. The only ground on which the impugned order came to be passed was
that the petitioner was not residing in the village. This fact has been
satisfactorily explained by the petitioner in the affidavit filed in support of
the Writ Petition and his present residence comes within the Karur District and
this fact was also informed to the authorities.
8. A counter affidavit filed by the R.D.O., Karur dated 25.1.2005 states
that all the certificates produced by the petitioner viz., community
certificate, school certificates and Teacher Training Certificate were all
indicate that the petitioner belongs to Tirunelveli District. They have also
stated that there are two family cards with the petitioner one relating to Karur
and other relating to Tirunelveli. This fact has been refuted by taking into
account the family card now produced by the petitioner; it is shown that his
name has been removed from the family card at Tirunelveli.
9. It was mentioned that when a spot enquiry was conducted, it was found
by the second respondent that the petitioner was not a resident of Kulithalai.
When the petitioner has already changed his residence from Kulithalai to Karur,
it is obvious that he would not be found in Kulithalai during the spot
inspection. The case of the petitioner is that his family had shifted its
residence during September, 2004 itself.
10. Under these circumstances, there is no substance in the order of the
second respondent and accordingly, the impugned order is set aside. The first
respondent District Collector is hereby directed to verify the present residence
of the petitioner viz., 164, Vanjiamman Koil Street, Karur Post, Karur Taluk,
Karur District and if the claim is bona fide, he must issue a certificate
accordingly within a period of four weeks from the date of receipt of copy of
the order. The Writ Petition is disposed of accordingly. No costs.
asvm
To
1.The District Collector,
Collectorate Office,
Karur District.
2.The Revenue Divisional Officer,
Kulithalai.
3.The District Employment Officer,
District Employment Office,
Karur – 639 001.
4.The District Elementary
Educational Officer,
Karur District.