N V RENGASAMY Vs. DIRECTOR OF TECHNICAL EDUCATION

JUDGEMENT

(1.) The writ appeal arises out of the order passed by the learned single Judge in W.P.No.16857 of 1993 dismissing the writ petition granting liberty to the petitioner to the concerned District Collector by way of an appeal against the order passed by the Revenue Divisional Officer. The facts leading of filing of the writ petition by the appellant is to issue a writ of certiorarified Mandamus to call for the records relating to the proceedings of the 3rd respondent in Pa.Mu.No.14752/92 dated 20.1.1993, quash the same and direct the 3rd respondent to validate the community certificate bearing No.1217724 dated 16.9.89 issued by the Tahsildar Vadipatti to the petitioner.

(2.) The petitioner claims that he belongs to Hindu Kattunaicken Community which is a recognised Scheduled Tribe as per Scheduled Castes and Scheduled Tribes (Amendment) Act 1976. The particulars relating to his community has been entered into his S.S.L.C.Book, Transfer Certificate and in school records. The Tahsildar, Vadipatti had issued a Community Certificate dated 16.9.89 in the prescribed form. The petitioner passed Higher Secondary Examination in April 1992 securing 518/600. He was applied for B.E. Engineering Course and the 1st respondent provisionally selected the petitioner for admission and allotted him to Thanthai Periyar Government Institute of Technology, Vellore. The petitioner produced the Community Certificate before the Principal. However, the Principal made an endorsement dated 3.8.1992 stating that the Community Certificate has to be signed by the Revenue Divisional Officer and therefore, the petitioner was not admitted in the course. The petitioner applied to the 3rd respondent, on 6.8.1992 to validate the Community Certificate issued by the Tahsildar. The Tashildar, Vadipatti submitted a report on 17.8.92 confirming the claim of the petitioner that he belongs to Hindu Kattunaicken Scheduled Tribe Community. No order was passed by the Revenue Divisional Officer and the peittioner could not join the course during the year 1992-93. The petitioner once again applied for admission to the Engineering Course in the year 1993-94 and the Director of Technical Education provisionally selected and allotted in the Government College of Engineering, Salem, who is the 2nd respondent herein. The 2nd respondent declined to admit the petitioner and insisted for the Community Certifiacate issued by the Revenue Divisional Officer. The petitioner filed a Writ Petition No.15640 of 1993 and obtained an interim direction directing the respondents 1 and 2 to admit the petitioner and based on the direction, the petitioner joined the 1st year degree course in the 2nd respondent College. At the hearing of the writ petition, the 3rd respondent submitted that he had already passed orders rejecting the application for issuance of Community Certificate. Therefore, the writ petition was dismissed with liberty to the petitioner to challenge the order of the 3rd respondent. Therefore the writ petition. The order of the 3rd respondent is arbitrary and violative of Article 14 and 20 of the Constitution of India. The Community Certificate dated 16.9.1989 was issued by the Tahsildar after proper enquriy. This has been issued prior to 11.11.1989 and the Government has already directed that there is no necessity to revalidate the Certificate issued prior to 11.11.1989. Therefore, the order of the third respondent is liable to be quashed and a direction has to be issued to revalidate the community certificate.

(3.) The respondents did not file any counter. However, the matter was argued before the learned Single Judge. The learned Single Judge found that the petitioner has not exhausted the appeal remedy before invoking the powers under Article 226 of the Consitution of India. Therefore, the writ petition was dismissed with liberty to appraoch the concerned District Collector for an appeal against the order passed by the 3rd respondent, the Reveneue Divisional Officer. Against which, the present appeal is preferred on the ground that no appeal will lie against the order of rejection passed by the Revenue Divisional Officer in issuing the Community Certificate and also on the ground that the matter in hand is squarely covered by a judgement reported 1997 3 LW 52 SN wherein the Apex Court has held that while certificate issued after 11.11.89 is required to be issued by the Revenue Divisionial Officer and the Certificate issued prior to 11.11.1989 by the Tashildar are valid certificates and it is not proper on the part of the authorities to have insisted upon fresh certifiacate from Revenue Divisionial Officer.