- (1.) THE above Writ Petition has been filed to quash the order passed O. Mu. No. A8. 4723/2007 dated 17. 10. 2007 of the respondent and direct the respondent to immediately issue a permanent community certificate to the petitioners herein as belonging to Hindu Kurumans (Scheduled Tribe) Community.
(2.) THE case of the petitioners in brief is set out below: the first petitioner is the sister of the second petitioner. According to the petitioners, they belong to Hindu Kurumans Community, which is one of the community listed under the Constitution (scheduled Tribes) order 1950, passed by the President of India. At the time of filing the Writ Petition, the second petitioner was doing his B. Com. , while the first petitioner who is a physically challenged person has completed her Higher Secondary Course and has also done DCA, DTP, Tally, Micro Media and First Class in Typewriting (Lower grade ). For getting employment on the reserved category, they need a community certificate. Hence, their father G. Mahendran, submitted an application on 23. 2. 2007 to the respondent seeking for a community certificate. There was no reply and hence an Application under 6 of the Right to Information Act was filed on 5. 4. 2007. The Personal Assistant to the respondent sent a reply dated 11. 4. 2007 stating that the respondent had not issued any Hindu Kurumans (ST) Certificate for the past 29 years. In such circumstances, the petitioners sent another Application seeking to issue a community certificate by enclosing ten documents, which was forwarded to the Tahsildar, Thirupathur for enquiry. An enquiry was fixed on 21. 6. 2007, but actually the enquiry was conducted on 13. 7. 2007.
(3.) IT is stated in the affidavit that in the enquiry notice, the father of the petitioners was asked to produce the documents prior to 40 years to show that the petitioners belong to Hindu Kurumans Community. According to the petitioners, the following documents were produced: 1. Service Certificate of the grand father of the petitioners, wherein he is shown as belonging to Kurumans (ST) Community; 2. Community certificate of the petitioners grand father issued in the year 1958; 3. Service Register of the grant father of the petitioners, showing that he belongs to Kurumans (ST) Community; 4. Service Confirmation order dated 21. 7. 1961 of the grand father of the petitioners showing that he belongs to (ST) community; 5. Posting order dated 21. 6. 1961 of the grand father of the petitioners showing that he belongs to ST Community; 6. Registered Sale deed dated 16. 9. 1968 of the petitioners grand mother Kamalammal, wherein she is shown as beloning to Kurumans Community; 7. School Transfer Certificate of the petitioners father wherein he is shows as belongs to Kurumans Community. 8. S. S. L. C. Book School Transfer Certificate of the petitioners father wherein he is shows as belongs to Kurumans Community. 9. Service Certificate dated 29. 6. 1998 of the petitioners father wherein he is shown as belonging to Kurumans (ST) Community. 10. Community Certificate dated 21. 6. 1976 of the petitioners paternal uncle G. Manisekar. 11. Community Certificate dated 15. 1. 1982 of the petitioners another paternal uncle G. Kumar. ;