High Court Madras High Court

N.Mohanam vs Tamil Nadu State Scrutiny … on 9 January, 2007

Madras High Court
N.Mohanam vs Tamil Nadu State Scrutiny … on 9 January, 2007
       

  

  

 
 
              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                    Dated : 09.01.2007

                          Coram

         THE HONOURABLE MR.JUSTICE M.E.N.PATRUDU

                   W.P.No.35621 of 2005
                           and
                W.P.M.P.No.38428 of 2005
                            
                            
N.Mohanam 				...Petitioner


                           Vs.


1.Tamil Nadu State Scrutiny Committee
Adi Dravidar Welfare Department,
Chennai - 600 009.

2.District Collector,
Chennai.

3.Oil and Natural Gas Corporation Ltd.,
Southern Sector, Chennai,
Represented by GGM/Basin Manager,
Cauvery, Chennai.   			...Respondents



WRIT PETITION filed under Article 226 of the  Constitution
of   India  praying  for  the  issuance  of  a    Writ  of
Certiorari,   calling  for  the  records   pertaining   to
proceedings  No.22394/ADW-11/2000 dated 27.06.2005  issued
by the first respondent, quash the same.

          For Petitioner :Mr.B.Ravi for
                          M/s.Hema Sampath

          For R1&R2      :Mr.M.Dhandapani,AGP
          For R3         :Mr.M.Vijayan for
                          M/s.Kins & Patridge



                         O R D E R

N.Mohanam S/o. Late Narasimhalu is the

petitioner. In order to avoid any confusion between the

petitioner and another person with the same name Mohanam,

the father’s name of the petitioner is noted.

2. The grievance of the petitioner is that the

respondents came to perverse conclusion without any basis

that the petitioner do not belong to Scheduled Tribe and

there by he was dismissed from the service.

3. The petitioner is seeking for a direction by way

of writ of certiorari and quash the proceedings of the

first respondent.

4. The facts necessary for the disposal of the writ

petition are:

According to the petitioner, he belongs to Hindu-

Konda Kapus community and it is notified as Scheduled

Tribe community.

Oil and Natural Gas Corporation Limited, the third

respondent herein invited applications for appointment to

various posts including Khalasi Grade III. There were

eight vacancies and one vacancy was earmarked for the

scheduled Tribe candidates. Accordingly the list was sent

by the Employment Exchange sponsoring 10 Scheduled Tribe

candidates for one post. The name of petitioner is one

among the said 10 candidates. However the petitioner was

not selected under the Scheduled Tribe quota. The

petitioner was selected on merit in the open competition

and his employment is purely on the basis of merit and

ability as he was selected under unreserved quota. One

Mr.J.Raman, whose name is shown at Sl.No.3 out of 10 in

the list is selected under the scheduled Tribe quota.

The petitioner was appointed as Khalasi. His

probation was declared on 28.10.1985. Thereafter he was

upgraded and promoted upto the level of Operator Grade II.

While so, the third respondent for the reasons best

known to them called for the verification of the community

certificate of the petitioner. The petitioner attended

the enquiry. The Record Sheet as well as Transfer

Certificate of the school discloses that the petitioner

belongs to scheduled Tribe community. A detailed report

was submitted by Revenue Officials.

But the third respondent dissatisfied with the same

referred those certificates to the second respondent the

District Collector, Chennai for further verification

doubting that the petitioner has impersonated and used the

Community Certificate of another MOHANAM.

The second respondent vide his proceedings dated

04.06.1998, sent second report holding that the school

certificate of the petitioner is genuine and as per the

school certificate, he belongs to Scheduled Tribe

community. But the second respondent finally noted that

the petitioner do not belong to Scheduled Tribe community

as school certificate has no probative value.

The petitioner challenged the same in W.P.No.20741 of

1998. This Court directed the petitioner to file an appeal

before the first respondent, the State Scrutiny Committee

Adi Dravidar Welfare Department. Accordingly the

petitioner filed an appeal and the first respondent vide

proceedings No.22394/ADW-11/2000 dated 27.06.2005 held

that the allegation of the third respondent regarding the

genuineness of the school certificate is not established

and there is no impersonation and the school certificate

is genuine. But strangely the first respondent confirmed

the proceedings of the second respondent holding that the

school certificate has no probative value to confirm the

community certificate and the Community Certificates are

bogus.

5. The said order is impugned in this writ

petition.

6. Counter

Learned counsel for the first and second respondents

filed counter.

The counter is filed by the Secretary to Government,

Adi Dravidar and Tribal Welfare Department, Secretariat.

It is stated in the counter that the petitioner has

obtained two community certificates from the Tahsildar,

Purasawalkam – Perambur Taluk that he belongs to Konda

Kapus Scheduled Tribe community. Based on the Community

Certificate, he was promoted to the post of Khalasi Grade-

II in the third respondent establishment, even though his

basic appointment was Grade-III Khalasi against unreserved

quota.

It is the contention of the respondents that

originally the petitioner was recruited under unreserved

quota in the year 1984, but got promoted in the year 1989

under reserved quota for scheduled Tribes.

It is stated that the second respondent herein caused

verification of the genuineness of the Konda Kapus

Community Certificate issued to the petitioner. The

Tahsildar, Purasai-Perambur initially enquired into the

matter and sent a report after verifying the school

records, where he studied and after conducting the

enquiries in the locality and the report discloses that

the petitioner belongs to Konda Kapus.

It is further stated in Para 4 of the counter that on

the basis of the report of Tahsildar, Pursai Perambur, the

District Collector, Chennai sent a verification report to

the third respondent stating that the petitioner belongs

to Konda Kapus community. It is further stated that the

Deputy Manager of the third respondent establishment

raised doubts about the veracity of the community

certificate produced by the petitioner and again referred

the matter doubting impersonation and in the re-enquiry

the Tahsildar sent another report dated 18.05.1998 to the

second respondent after conducting discreet enquiry. It

is stated that on the basis of re-enquiry report, the

second respondent came to the conclusion that the

individual do not belong to Konda Kapus and declared that

the two community certificates were forged certificates as

necessary records are not available and consequently

cancelled the community certificates vide proceedings

No.P4/63082/97 dated 04.06.1998.

The petitioner filed writ petition and thereafter

made an appeal before the first respondent. It is stated

that the State Level Scrutiny Committee examined all the

relevant documents and disclosed that the Primary School

Certificate issued by the Corporation Middle School,

Sivarajapuram shows that the petitioner’s community was

entered as Konda Kapus and it is listed under the

scheduled Tribe.

In Para 5 of the counter, it is stated that the

petitioner’s mother Tmt.Savithri do not belong to Konda

Kapus community but belongs to Mudaliar community. Hence

verification process is confined only to the community of

his father. It is further stated that the petitioner has

not produced any documents relating to his father to show

that his father belongs to Konda Kapus community. Until

and unless the community status of his father is properly

arrived and confirmed, the petitioner cannot be treated as

Konda Kapus community and since there is no documentary

evidence relating to his father, the State Level Scrutiny

Committee was unable to accept the contention of the

petitioner that he belongs to Konda Kapus community.

According to the respondents, various documents are

produced before the State Level Scrutiny Committee and

they are the School Certificate, Community Certificate

issued by the Tahsildar, Transfer Certificate, Self

Affidavit filed etc. by the petitioner.

It is stated that the Anthropologist who examined the

petitioner has also reported that the petitioner is not

aware about the tribal characteristics of the Konda Kapus

community. Therefore the State Level Scrutiny Committee

concluded that the petitioner do not belong to Konda Kapus

community.

Thus the main contention of the respondents is that

the petitioner did not produce any certificate to prove

that his father belongs to Konda Kapus community. But

came to a conclusion that the mother of the petitioner

belongs to Mudaliar Community and in fact there is no

document to come to the said conclusion.

The third respondent also filed a counter.

7. Heard arguments on both sides.

8. The short point for determination is whether the

petitioner belongs to Konda Kapus community or not.

9. In a case of this nature, the Court is expected

to verify the documents and the reports of revenue

officials rather than the oral statements, the allegations

and the counter allegations or the rival contentions of

the parties.

10. The most important document is the Transfer

Certificate of the petitioner. The original Transfer

Certificate is produced and it is issued by the Government

of Tamilnadu, Department of School Education. The

petitioner studied in a Government Higher Secondary

School, Kodambakkam, Madras – 600 024. The Head Master of

school issued the Transfer Certificate on 26.12.1997. The

said certificate discloses the name of the petitioner, his

date of birth and his community as Indian, Hindu,

Kondakapus. In fact the genuineness of the certificate

has been admitted by the respondents even in their counter

and also in their report. But this document was not

considered by giving a flimsy reasons.

11. The next important document in the case is the

first Enquiry report by the Tahsildar and the District

Collector, Chennai, wherein it is stated that an

independent enquiry and verification was carried out in

the matter to know the genuineness or otherwise of the

claim the individual whether he belongs to Konda Kapus –

Scheduled Tribe and enquiries confirmed that the entries

in the record sheet as well as transfer certificate

disclose the petitioner as Konda Kapus and accordingly a

report confirming the status of petitioner as a scheduled

Tribe had been sent. During the first enquiry and re-

enquiry, it was found that the school certificates

produced by the petitioner are bonafide documents

confirming to counterfoils of school records and they are

not bogus as alleged by third respondent. The report in

Para 5 of the proceedings also discloses that the

allegation that there is mis-use of other N.Mohanam’s

certificate by the petitioner is also not founded on

facts.

12. In this case, there is one another person by

name N.Mohanam S/o of Natesa Mudaliar studied in a

different school whereas the petitioner N.Mohanam S/o of

M.Narasimhalu studied in the school concerned.

13. The Collector has given a comparative table of

both as shown below:

                    N.Mohanam ONGC         N.Mohanam UCO
                                                Bank
1. Father's   K.Narasimhalu               Natesa Mudaliar
Name
2.Mother's    Savithri                    Vembuli
name
3. Community  Kondakapus                  Sengunthar
                                        Mudaliar
4. Native     Rangayapalli village        Arulappadi
Place         Pallipattu Taluk            Village
                                        Thiruvannamali
                                        Taluk
5. Name       N.Mohanam                   N.Mohanamurthy
6. School     1 to 8th Std.               1 to X Std.

Corporation Middle School, Govt. High
Sivarajapuram, Chennai – School, Katpadi.

12.
9 to X Std.

Govt. High School,
Kodambakkam, Chennai – 24.

14. Thus there is a confusion for the third

respondent whether the petitioner, who is the son of

K.Narasimhalu has impersonated and produced any

certificate belonging to N.Mohanam S/o Natesa Mudaliar.

In fact there is no reason to have any confusion.

15. In this case, the documentary evidence is

available through the school certificates and they are in

favour of the petitioner. The local enquiries by the

Tahsildar also are in favour of the petitioner. They are

not taken into confidence.

16. However the report of the Collector discloses

that the two Community Certificates issued by the two

revenue authorities appears to be not correct, as the

respective files in which it is purported to be issued are

not available for verification and since those files are

not available, the Collector came to a conclusion that the

certificates are bogus. It is a wrong conclusion. This

observation is bad and is liable to be rejected. If the

files in the Government office are not available the truth

and the facts revealed through other public documents and

Field Enquiry cannot be buried and rejected.

17. I have minutely gone through the report of the

Collector, which is the basis for holding that the

petitioner do not belong to Schedule Tribe and on the

basis of this proceedings, the first respondent issued the

orders impugned in this writ petition.

18. The orders of the Collector are not acceptable

for three reasons:

The collector held that the mother of the petitioner

belongs to Mudaliar community, whereas there is no

document to prove the community of the father. In this

case even there is no document to prove the community of

the mother also. It is on the basis of oral statement. In

fact the revenue authorities are the proper officials

under the Rules to decide the community of the individual

as per their record and enquiries. When there are no

documents either to prove the community of the mother or

the father, the Collector comes to a conclusion that the

mother belongs to Mudaliar community, whereas there is no

proof with regard to the community of the father.

Therefore a perverse finding has been given by the

Collector.

The other reason is that it is not for the Collector

to conclude that the School Records are not of probative

value. In fact, the school records are the most vital

documents whenever any student has been admitted in the

school either at the elementary level or at the high

school level. The community of the student will be entered

in the school documents, so also the date of birth are

entered in the school documents. Basing on the entries of

these school certificates, the disputed question with

regard to the community or the date of birth of the

individual will be decided. When the school certificates

are disclosing that the petitioner belongs to Schedule

Tribe community, it is absurd for the Collector to

conclude that it has no probative value. When the

Collector has found that the school certificates are

bonafide documents and the petitioner has not misused and

not impersonated the correction, ought to have issued the

proceedings in favour of the petitioner, but he did not do

so. The action of the Collector are highly questionable

and he is cautioned to be more careful in future and avoid

such mistakes.

Further the observations of the Collector that since

the records are not available in the Tahsildar’s office,

the community certificate issued by the Tahsilar are bogus

is not in good spirit. Can we disbelieve the truth, if

the files in the Collector office are misplaced or

missing. It is for the concerned Collector to answer and

rectify the mal administration. It is nothing but bad

governance and mal administration and such officials must

be properly instructed by the Chief Executive of the State

to apply proper judicial and administrative mind and do

justice to the citizen more so to the under privileged. I

have no hesitation to condemn the approach of Collector

and registry is directed to communicate this order to the

Chief Secretary of the State for suitable action.

19. The observations of the first respondent that

during the enquiry the petitioner was not able to give the

tribal characteristics of the Konda Kapus Community during

anthropological examination is immaterial. Should they

decide the issue on the basis of documents or as per their

whims and fancies. The reasoning is totally misconceived

and is created to reject the genuine claim of petitioner

to get over the documentary evidence.

20. The various observations made in the impugned

order are not sustainable. They are not convincing. The

documentary evidence placed before the State Level

Committee and the said documents viz. School certificate,

Community Certificate prima facie clearly established that

the petitioner belonged to the Scheduled Tribe community.

The earlier report of the revenue authorities confirm the

same. But for the reasons best known to the third

respondent further enquiry was held. In the re-enquiry

also, it was confirmed that the school certificates and

the discreet enquiries in the locality established that

the petitioner belong to Scheduled Tribe community.

Despite of all this truthworthy evidence perversive orders

are issued without any basis and on personal reasoning.

21. Under those circumstances, the Court is of the

opinion that it is a fit case to allow the prayer of the

petitioner and to set aside the orders issued by the first

respondent.

22. In the considered opinion of the Court, an

exemplary cost should be awarded in favour of the

petitioner against the respondents, but the learned

Government Advocate made a sincere request not to award

cost because the authorities have passed orders without

knowing the consequences and they have no intention or

malice to pass any order.

23. Considering the same, the writ petition is

allowed and the order issued by the first respondent is

set aside. No costs. Consequently connected

miscellaneous petition is closed.

svki

To

1.Tamil Nadu State Scrutiny Committee
Adi Dravidar Welfare Department,
Chennai – 600 009.

2.District Collector,
Chennai.

3.Oil and Natural Gas Corporation Ltd.,
Southern Sector, Chennai,
Represented by GGM/Basin Manager,
Cauvery, Chennai.

4.The Chief Secretary,
Government of Tamilnadu,
Fort St. George,
Chennai – 600 009.