Jeyaraj vs The Secretary to Government, Adhidravidar and Tribunal Welfare Department, The District Vigilance Committee, The District Collector, The District Backward and Minority Welfare Officer and The Chief Educational Officer

D. Hariparanthaman, J.—According to the Petitioner, he belongs to Hindu Vathirayan Community, a Scheduled Caste. He is a M.A.B. Ed., (Economics) Graduate. His father belongs to Hindu Vathirayan Community and his mother is a Christian Vathirayan. He got converted to Hinduism after his marriage and child birth and the same was published in the Tamil Nadu Government Gazette dated 17.2.1999. He claims to be following Hindu rites and customs.

The District Employment Office at Ramanathapuram sponsored his name for appointment to the post of Tutor-cum-Warden in the Ramanathapuram District Backward and Reformatory Class Welfare Hostel and consequently the third Respondent, by letter dated 12.9.2007, called him for a personal interview on 20.9.2007. Accordingly, he attended the interview. Thereafter the third Respondent directed the second Respondent to verify his Community Certificate dated 27.6.2007 issued by the Tahsildar, Kadaladi, certifying that he belongs to Hindu Vathirayan, a Scheduled Caste. The second Respondent) passed the impugned order dated 18.2.2008 cancelling the same. Hence the Petitioner is before this Court.

We have heard Mr. N. Dilip Kumar, learned Counsel appearing for the Petitioner and Mr. R. Janakiramulu, learned Special Government Pleader appearing for the Respondents.

The impugned order states that they sought for a report from the District Revenue Officer and the District Revenue Officer sent a report dated 1.11.2007 in favour of the Petitioner stating that he is practicing Hinduism. However, the second Respondent proceeded to cancel the Community Certificate based on the Government Letter (Ms) No. 81 Adi Dravidar and Tribunal Welfare Department, dated 19.9.2000. According to the said letter, the children born to Christian parents would not acquire Scheduled Caste status even if they converted into Hinduism. The said letter was quashed by a Division Bench of the Madras High Court in Prof. I. Elangovan v. State of Tamil Nadu 2007 (3) MLJ 209. Since the order is solely based on the aforesaid letter, the impugned order has to be set aside and the Petitioner has to be treated as a Scheduled Caste.

In these circumstances, the writ petition is allowed and the impugned order is quashed and a direction is issued to the second Respondent to consider him as a candidate belonging to Scheduled Caste for appointment to the Post of Tutor-cum-Warden in the Ramanathapuram District Backward and Reformatory Class Welfare Hostel, if the said post has not already been filled up. No costs.