CHENNAI: IT is high time the Tamil Nadu government enacts a comprehensive law with regard to issue and verification of community certificates for SC/STs and other backward classes. The law has to be in tune with the guidelines issued by the Supreme Court and the modifications made in later judgments, a division bench of the Madras High Court has observed.
Reiterating its stand on the subject, a bench of Justices M Venugopal and PD Audikesavulu made the observation while disposing of a batch of writ petitions from M Subramanian of Dharmapuri and others, recently.
In this connection, the bench pointed out that neighbouring States like Kerala, Andhra Pradesh and Maharashtra had already enacted the necessary legislation. “This court fervently hopes that if the State government enacts a codified law pertaining to the procedure for issuance and verification of community certificates, then there is ample scope for wiping out/erasing bogus and fictitious community certificates obtained by the persons concerned to secure the benefits in an unlawful manner,” the bench said.
Coming to the case on hand, the bench directed the petitioners to prefer an appeal to the respective Collectors within two weeks, who should consider the same and pass appropriate orders by adhering to the principles of natural justice in its true letter and spirit.
In another case involving a similar issue, the bench directed the Villupuram Collector to consider an appeal from RS Priya, a BDS student in a private college at Melmaruvathur, to issue the community certificate stating that she belonged to Malak Kuravan, on the merits of the case.
The earlier order, passed by the court on June 28, directing the college not to cancel her admission, will hold good until the Collector decides the issue purely on merits, the bench said. Priya was admitted on the basis of the community certificate produced by her father that she belonged to Malak Kuravan community.
Later, as the college insisted on producing her own community certificate, she approached the Tahsildar, who forwarded the same to the RDO. The RDO, however, rejected the plea. Hence, she filed the present petition.