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Tamil Nadu
G.O. on SC/ST community certificates challenged
Staff Reporter
MADURAI: A writ petition has been filed before the Madras High Court Bench here challenging a Government Order issued on September 12, 2007, and amended on January 31 laying down the modalities for scrutinising the genuineness of Scheduled Caste/Scheduled Tribe community certificates.
A Division Bench of Justice Prafulla Kumar Misra and Justice P. Murgesen directed the Special Government Pleader to take notice on behalf of the Adi Dravidar and Tribal Welfare Department Secretary and adjourned the matter to March 27.
The petitioner, an employee of Central Excise Department in Dindigul, said that the Government had initially issued a G.O. on April 1, 1997 to protect the welfare of genuine SC/STs from false claimants.
Committees formed
It constituted two-member district-level vigilance committees and a three-member State-level caste scrutiny committee. The heads of all Government departments, District Collectors, universities, educational institutions and Central and State public sector undertakings were instructed to refer complaints of bogus community certificates of their employees/students to the committee concerned. Another G.O. was issued on July 6, 2005, increasing the strength of district-level committees to three in accordance with High Court orders passed in a batch of writ petitions.
Subsequently, the impugned G.O. was passed on September 12, 2007, holding that the certificates issued to the Scheduled Castes shall be scrutinised by district-level committees, and those of the Scheduled Tribes by the State-level committees. It further said that the aggrieved persons could not file an appeal before the State-level committee against the decisions of the district-level committees but could approach the High Court through a writ petition.
However, it permitted the State-level committees to continue hearing the appeals in which personal hearing was given before the issuance of the G.O. The petitioner claimed that it was arbitrary to include such a clause because his appeal was pending before the committee for nearly two years.
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