Case Note & Summary
The petitioner, S. Kalai Selvi, was issued a community certificate on 28.04.1993 certifying that she belongs to the Hindu Konda Reddis community, a Scheduled Tribe. Based on this certificate, she was appointed in the Income Tax Department in 1995. Subsequently, the genuineness of her certificate was investigated multiple times. Initially, the Sub Collector, Periyakulam, through a report dated 05.11.1995, held the certificate to be genuine. Later, the District Collector, Virudhunagar, initiated an enquiry, which was quashed by the Madras High Court in W.P.No.13543 of 1999 on 01.08.2005 for lack of jurisdiction. Another enquiry by the District Collector of Theni District was also quashed in W.P.(MD).No.7009 of 2007 on 04.10.2007 on the ground of incompetency. Thereafter, the Revenue Divisional Officer, Periyakulam, initiated further enquiry, which was closed after the petitioner submitted her family background details, father's employment records, community certificates of her father and relatives, and school records showing her community as Konda Reddis. However, pursuant to observations in the 2007 order, the matter was referred to the State Level Scrutiny Committee (first respondent). The Committee, through the impugned order dated 24.05.2019, relying on reports of the Sub Collector, Periyakulam, Vigilance Cell, Theni, and an Anthropologist, concluded that the petitioner does not belong to the Konda Reddis Scheduled Tribe and directed cancellation of her certificate. The petitioner challenged this order by way of a writ petition under Article 226. The High Court found that the Committee had failed to consider the petitioner's documentary evidence, including school records and community certificates of her father and relatives, and had not provided the reports relied upon to the petitioner, thereby violating principles of natural justice. The Court held that the Committee's order was perverse and unsustainable, and accordingly quashed the impugned order and remitted the matter back to the Committee for fresh consideration, directing the Committee to provide the petitioner with copies of the reports and afford her a reasonable opportunity of hearing.
Headnote
A) Service Law - Scheduled Tribe Certificate - Cancellation - Natural Justice - The State Level Scrutiny Committee cancelled the petitioner's community certificate without considering the petitioner's documentary evidence and without providing the reports relied upon to the petitioner - Held that the order was passed in violation of principles of natural justice and was liable to be quashed (Paras 5-8). B) Service Law - Scheduled Tribe Certificate - Cancellation - Relevant Evidence - The Committee relied on reports of the Sub Collector, Vigilance Cell, and Anthropologist but failed to consider the petitioner's school records, father's community certificate, and other documents - Held that the Committee must consider all relevant evidence before arriving at a conclusion (Paras 6-7). C) Service Law - Scheduled Tribe Certificate - Cancellation - Judicial Review - The High Court under Article 226 can interfere when the decision-making process is flawed and the order is perverse - Held that the impugned order was unsustainable and set aside (Paras 8-9).
Issue of Consideration
Whether the State Level Scrutiny Committee's order cancelling the petitioner's Scheduled Tribe certificate was valid when it failed to consider the petitioner's documentary evidence and relied solely on reports that were not provided to the petitioner.
Final Decision
The impugned order dated 24.05.2019 passed by the first respondent is quashed. The matter is remitted back to the State Level Scrutiny Committee for fresh consideration. The Committee shall provide the petitioner with copies of the reports relied upon and afford her a reasonable opportunity of hearing, including the right to submit further evidence. The Committee shall pass a fresh order within four months from the date of receipt of a copy of this order.
Law Points
- Principles of natural justice
- duty to consider relevant evidence
- burden of proof in community certificate cancellation
- scope of judicial review under Article 226
