'Form panel to cross-check SC/ST certificate'
TNN | Nov 28, 2011, 01.35PM IST
CHENNAI: In order to verify genuineness of SC/ST community
certificates issued in the state, the Tamil Nadu government must
constitute district vigilance committees and state-level scrutiny
committee on or before December 31, 2011, the Madras high court has
said. It also hoped that the government would bring in a legislation
to verify issued certificates and to regulate new certificates.
A division bench comprising Justice D Murugesan and Justice K K
Sasidharan, passing orders on a writ petition to quash the rejection
of an ST certificate issued to a person claiming to belong to
Kattunayakkan community, further said: "In view of the loophole in the
present system and the resultant delay, the state should consider the
feasibility of passing a legislation at the earliest. We hope that the
legislature would take earnest efforts for bringing in suitable
legislation in regard to verification of certificates already issued,
and to regulate issuance of fresh community status certificates."
In this regard, the bench pointed out that Andhra Pradesh ,
Maharashtra and Kerala have already passed legislations to provide for
the issuance and verification of caste certificates to persons
belonging to SC/ST.
The judges went into the larger issue of issuing fresh SC/ST
certificates and verifying existed ones, after P Vinoth of Ranipettai
filed a writ petition after his application for SC certificate was
rejected by the sub-collector . In his counter , the sub-collector
said Vinoth's application was rejected as his father's ST certificate
itself was not in order, and other documents too were suspect.
The judges, ruling that the officer did not have power to reject the
certificate, asked the official to consider the matter afresh. Once he
forwards it to the state-level committee, the committee shall issue
notice to Vinoth's father and decide it as per law. As regards the
formation of the committee, the judges said till the government comes
out with a legislation it shall form the committees which shall
function as per the orders of the Supreme Court in the Kumari Madhui
Patil case, reiterated in D aya r a mcase.
"Tamil Nadu has no designated machinery now to verify the genuiness of
the social status claims. The scrutiny committee is now conducting
inquiry through revenue officials...The state should respect the
constitutional mandate and must ensure that the benefits of
reservation is given only to the genuine tribes," the judges said,
"the State cannot implement the directions in a piece-meal manner or
in a pick and choose method. The State has only two options - either
to make legislation or to follow the decisions of the Supreme Court in
letter and spirit."
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