L.NAGESWARA RAO, J. - (1.) A Writ Petition was filed by the Appellant challenging the order dated 09.04.2008 passed by the Chennai District Vigilance Committee cancelling the community certificate. The Writ Petition was dismissed by the High Court of Madras by a judgment dated 22.12.2008, aggrieved by which this Appeal is filed. The Tahsildar, Mylapore-Triplicane, Chennai issued a community certificate showing the Appellant to be from Valluvan community on 28.08.1982 when she was studying in tenth class. At the time of joining service in the Office of Accountant General, the Appellant applied for a community certificate. Tahsildar, Mylapore-Triplicane, Chennai issued a community certificate on 12.07.1985 which was submitted by the Appellant after joining the service on 17.07.1985. A complaint was preferred by Dr. Ambedkar Service Association in the Office of the Accountant General raising doubts about the community certificate produced by the Appellant at the time of joining service. The Appellant was directed to attend an inquiry to be conducted by the Collector regarding the genuineness of the community certificate. A notice was issued by the District Collector, Chennai on 27.05.1998 directing the Appellant to show-cause as to why her community certificate should not be cancelled. The District Collector directed the Revenue Divisional Officer to conduct an inquiry. An inquiry was conducted by the District Vigilance Committee. After conducting an inquiry, the District Vigilance Committee expressed its view that the Appellant belongs to Valluvan community which is a Scheduled Caste.
(2.) On 27.01.2000, the service of the Appellant as Section Officer was regularized. The Appellant was promoted as Assistant Accounts Officer on 31.12.2001. In the meanwhile, Dr. Ambedkar Service Association submitted another representation that suitable action should be taken against the Appellant for securing employment as reserved category candidate on the basis of a false caste certificate. The State Level Scrutiny Committee informed the Appellant that a complaint was received from Dr. Ambedkar Service Association and directed the Appellant to be present for inquiry to be conducted on 24.03.2003. Responding to the notice, the Appellant attended the inquiry before the State Level Scrutiny Committee. In the meanwhile, the District Vigilance Committees were reconstituted by the Government of Tamil Nadu vide G.O. Ms. 111, Adi Dravidar and Tribal Welfare (ADW-10) Department dated 06.07.2005. The State Level Scrutiny Committee remanded the inquiry pertaining to the community certificate of the Appellant to the District Vigilance Committee on 04.01.2006. The functions of the District Vigilance Committees and State Vigilance Committees as well as the procedure to conduct an inquiry were enumerated by G.O. (2D) No.: 108, Adi Dravidar and Tribal Welfare (CV-I) Department dated 12.09.2007. The Appellant was directed to appear before the District Vigilance Committee pursuant to which the Appellant as well as her mother attended the inquiry and submitted relevant documents before the District Vigilance Committee. On 09.04.2008, an order was passed by the District Vigilance Committee cancelling community certificate of the Appellant. Assailing the legality and validity of the order dated 09.04.2008, the Appellant filed a Writ Petition in the High Court of Madras which was dismissed by a judgment dated 22.12.2008. Ergo, this Appeal.
(3.) Mr. K. Ramamoorthy, learned Senior Counsel appearing for the Appellant submitted that the community certificate issued in favour of the Appellant was subject matter of an inquiry by the District Vigilance Committee in the year 1999. Thereafter, the State Level Scrutiny Committee did not have jurisdiction to remand the matter to the District Vigilance Committee for a fresh inquiry into the genuineness of the claim of the Appellant that she belongs to Scheduled Castes. The decision of the District Vigilance Committee on 31.12.1999 upholding the claim of the Appellant that she belongs to Valluvan Community remains unchallenged. Mr. K. Ramamoorthy argued that community certificates which have become final cannot be reopened as held by this Court in Kumari Madhuri Patil and Anr. v. Addl. Commissioner, Tribal Development and Ors. (1994) 6 SCC 241 and Dayaram v. Sudhir Batham and Ors. (2012) 1 SCC 333 He relied upon the memorandum of family settlement dated 01.11.1932 and the sale deed dated 05.10.1978 executed by Abdul Masjid Rawoother in favour of father of the Appellant which clearly show that the Appellant belongs to Scheduled Caste. He referred to G.O. (2D) No.:108 dated 12.09.2007 to state that the dispute relating to the community certificate issued in favour of the Appellant cannot be remitted by the State Level Scrutiny Committee to the District Level Vigilance Committee for reconsideration. The learned Senior Counsel for the Appellant contended that the order dated 09.04.2008 deserves to be set aside as the evidence recorded by the District Vigilance Committee are contrary to the findings arrived at by the District Vigilance Committee in the year 1999. ;