At, High Court of Judicature at Madras
By, THE HONOURABLE MR. JUSTICE D. MURUGESAN & THE HONOURABLE MR. JUSTICE K.K. SASIDHARAN
For the Petitioner: R. Malaichamy, Advocate. For the Respondents: R1 & R5 - D. Raja, Additional Government Pleader.
(Prayer: Petition under Article 226 of the Constitution of India, praying for the issue of a writ of Mandamus, directing the 1st respondent to pass an order on the petitioner’s appeal dated 06.04.2010 after affording reasonable opportunity
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to the petitioner by conducting field verification in the presence of the petitioner.)
D. Murugesan, J.
1. The petitioner claims that he belongs to Kurumans-Scheduled Tribe community. He has approached this Court seeking for a direction to the Secretary of State Level Scrutiny Committee to pass orders on his appeal dated 6.4.2010, which arose out of an order of the District Level Vigilance Committee in holding that the community certificate of the petitioner was not genuine. It appears that an appeal has been filed pursuant to the directions of this Court while the order of the District Level Vigilance Committee was questioned and that appeal is not disposed of, which has given cause for the petitioner to approach this Court.
2. We heard the learned counsel for the petitioner and the learned Additional Government Pleader taking notice on behalf of the respondents 1 & 5.
3. The law on the jurisdiction of the State Level Scrutiny Committee as an appellate authority came up for consideration before this Court and it has been held that there is no provision of appeal. The Government in G.O.Ms.No.108, Adi Dravidar and Tribal Welfare Department dated 12.9.2007 has conferred the jurisdiction on the District Level Vigilance Committee to go into the genuineness of the community certificate of Scheduled Caste candidates and on the State Level Scrutiny Committee in respect of Scheduled Tribe candidates. There is no provision of appeal in between. In view of the above, instead of directing the State Level Scrutiny Committee to pass orders on the appeal filed by the petitioner, we only direct the State Level Scrutiny Committee to consider the said appeal as a proceeding for verification of the genuineness of the community certificate of the petitioner and pass fresh orders. The State Level Scrutiny Committee should act as an original authority and decide the matter without reference to any of the findings of the District Level Vigilance Committee. Such orders shall be passed within a period of three months from the date of receipt of a copy of this order or on production of the same by the petitioner. The writ petition stands disposed of. No costs