Son Is Also Entitled To Community Certificate If Father Had Secured Same From Appropriate Authority And It Has Not Been Cancelled: Madras HC
While considering a claim made by father seeking issuance of Kurumans Scheduled Tribe Community Certificate for his son, the Madras High Court directed the Revenue Divisional Officer, Tirupattur to issue a community certificate to the petitioner's son within a week's period.
Referring to the Coordinate Bench decision in W.P.Nos.17231 of 2015 dated Apr 22, 2016, the Division Bench comprising of Justice J. Nisha Banu and Justice V. Lakshminarayan observed that “the petitioner having secured a community certificate and the same not having been cancelled so far, his son would also be entitled to be given a community certificate”.
Advocate M. Radhakrishnan appeared for the Petitioner, whereas Advocate E. Vijay Anand appeared for the Respondent.
The brief facts of the case were that the petitioner had applied for a Community Certificate for his son as early as in the year 2015. The petitioner states that his father had submitted the said certificate issued to him to the Railway authorities and had secured employment under the Scheduled Tribe category. This was opposed contending that in the year 2015, the Revenue Divisional Officer had issued as many as 196 certificates and proceedings have been initiated against him for the said purpose. Hence, challenging the proceedings of the Revenue Divisional Officer, the petitioner had approached the High Court seeking direction for issuance of Kurumans Scheduled Tribe Community Certificate to the petitioner's son.
After considering the submission, the Bench found that petitioner has been given a community certificate which has not been cancelled so far by the appropriate authority.
Further, as per the orders of Madras High Court in W.P.Nos.17231 of 2015 dated Apr 22, 2016, the Bench observed that if the competent authority had issued a Scheduled Tribe Community Certificate to close relatives, unless and until the same is cancelled in a manner known to law, his close relatives are entitled for the benefit of community certificate.
Accordingly, the Bench directed for issuance of community certificate to the petitioner.
However, the Bench made it clear that the certificate issued to the petitioner is subject to verification by the State Level Scrutiny Committee and pursuant to the proceedings, if it is found that the said certificate is a false one and is cancelled, consequently certificate issued to the petitioner's son will also stand cancelled.
Cause Title: T. Narasimhan v. The Revenue Divisional Officer
Click here to read/download the Order
