The Necessity for a separate legislation/Act to prevent false community certificates. By R. Prathapan. M.A.,M.Phil.,ML. Advocate
The Necessity for a separate legislation/Act to prevent false community certificates. By R. Prathapan. M.A.,M.Phil.,ML. Advocate

The Necessity for a separate legislation/Act to prevent false community certificates. By R. Prathapan. M.A.,M.Phil.,ML. Advocate.

The 112th Annuniversary birthday of Dr. B.R. Ambedkar was arranged on 14.04.2002 by the forum of Social Justice Protectionts General Secretary Thiru. PM. Anbumani. BA., BL., AICWA at Hall F.50, University of Madras, Cheapauk, Madras-600005. On that occation the forum launched the Journal Malargalin Ithaigal Thoguppu (112th Birthday 14.04.2002). I was a member of Executive Committee and Secretary of the said forum. I had the opportunity to speak on “The necessity for a separte legislation/Act to prevent false Community Certificate”.

When william james is saying that no significant Social change has ever came about which is not the work of great men, and that the “Recepticites” of today which make that have possible are the result of the acts or examples of the outstanding individuals of yesterday^1.

The Life of Ancient People.

Tolkappiar speaks about the five regions occupied by five different groups of people each of which specialized is particular vocation. Thus, we find Kuravar (Kurinji), Ayar (Mullai), Ulavar (Marutham), Paravar (Neyoal) and Maravar (Palai) occupied each region. Who were the occupational groups but not caste groups.

During the Sangam age there were various kinds of kudis in Tamilagam such as Kuravar Kudi, Vettuvar Kudi, Paratavar Kudi, Ayar Kudi, Kanavar Kudi, Ulavar Kudi, Nulaiyar Kudi, Eiyanar Kudi, Maravar Kudi etc., but among all these kudis the four Kudis, Tudiyan, Panar, Paraiyar and Kadambar Kudis were the formost kudis. The term kudi during sangam age stood for Family, Citizen, Tradition and village. Therefore, there was no caste system. 

The Family was called as kudi. Maruthanar calls them as ancient kudis. They were Pre-Dravidian families who were in the zenith of glory before the coming of Aryans. The Maanukudi-kizhar’s poem of sangam age in purananuru. He praises the old classical occupational groups of families and the traditional Tudian, Panan, Paraiyan and Kandamban are as the farmost four families^ (1) a. 

The ancient sangam literature of the Tamils the paraiyans of Tamil nadu are described as one of the tribes inhabiting the Mullai region (15. puram v.335) ^2. 

AL Biruni, only a thousand years ago, talks of only the four castes, and all sitting and eating at one place; no caste proliferation, and no untouchability.

For panini, Jati was gotra and charana^3.

The Evolution of Caste.

A caste maybe taken to mean Jati. 

Hindutva is, based on chaturvarna, the varna (caste) is based on the law of manu^4.

Manu and Vyasa (in Mahabharata recognize only four and if we take hypergam into account, then only three exogomous categories in Hindu society. Dialogue, Volume-17, No: 3. ^5.

The armies composed of Brahmains, Kshatriyas, Vaisyas or Sudras^6.

The four original varnas ever confirmed to the facts of south Indian social life. And even less credible are the theories of particular castes arising from mixed unions of particular types^7.

The Brahminical varna system and the vedic sacrifices were strange and alien to the south. The Varna system of the Brahmins or the simple tribalism of the pre-Aryan^8.

The snobbery of the vertical caste system pollutions and other allied ideas were known even to the earliest stratum of available literature. It was tribal society to begin with. The pre-Dravindan tribes sufferred at the hands of the Dravidians the same fate that Dravidans suffered at the hands of the Aryans. The Todas, the Irulas, the Nagas, and the vedas were some of the primitive tribes who tops of hills at the approach of the relatively superior civilization of the Dravidians^9.

The Broken men hated the Brahmins because the Brahmins were the enemies of Buddhism and the Brahmins imposed untounchability upon the Broken Men because they would not leave Buddhism^10.

The Aryan culture was welcomed and eagerly adopted by the Tamils says K.A. Nilakanta Sastri in his book Development of Religion in South India. Tolkappiar’s work of Tolkappiam the first grammer book in Tamil language^11.

The People in Mullai region in general and Paraiyans along with other three occupational grounps came to be called Panchamas.

The ancient untouchables seem to be the original owners much of the cultivable land. When this was confiscated by the victorious kings, the Dalits went to distant lands and established independent cherries of their own^12.

In the year 1816 (before 183 years) the Thozhu Kattai Punishment for lower caste peoples but the ordinary police punishment for higher caste peoples on the same offence. Because of such punishment these peoples are scatted somewhere places. During the rule of victoria (Thereafter) the said Thozhu Kattai punishment has been changed that ie who are committed cruiel offence those who are imposed the said punishment without differentation whether as lower caste or Higher caste. (Tamilan 15-04-1908) ^13. 

Many a Mahattar (grater) were forced to become mehtar (Scavenger). After all, there is no mention of scavenger is classical literature. Risley survery found mehtars better placed than the punjab Brahmins and mahars better placed than the chilpawan Brahmins.

Aggressive anti-Hindu agenda of conversion of the Muslim rulers, their capture and sale of Hindus to run away to the forests for saving themselves; many started taking pig’s flesh to avoid becoming Muslims; they, eventually, become Scheduled Tribes and Scheduled Castes. This led to the increase in tribal and Scheduled Caste population. 

A point needing emphasis, is that caste in the present form, untouchability and intra-Hindu societal exploitation are entirely non-Hindu factors^14.

The Paraiyas are also called as panchamas. The untouchable was left out of four-fold divisions, the later days they were called as fifth varna or panchama^15.

The Ceaseless and dedicated work of the leaders of the Untochables brought social status and dignity to the Community.

In the years 1680, 1696, 1777, the leaders of tribals had taken steps for rights and against the slavery. Which are available in the Govt records. The same events have been mentioned ordinarly. It was attracted and inspired by Thatha Rattamalai srinivasan^16. 

Rettaimalai Srinivasan during his membership in the Madras Legislative Council from 1923 to 1945, he considered as a boon to untouchables. They blessed by these boons with proper education and job opportunity, political representation and self-respect^16a.

M.C. Rajah, Rettaimalai Srinivasan, N. Sivaraj, R. Veerian, Alamelu Mangathayarammal, and other leaders of the Adi-Dravida Mahajana Sabha members joined the justice party and M.C. Rajah, R.Srinivasan, N. Sivaraj and R. Veerian were the founding members of the justice party. He was a minister in the interim ministry headed by K.V. Reddy in 1937 for three months. 

M.C. Rajah, as one of the founding fathers of the justice party^17.

The Revenue Department in Board’s Standing Order No. 128(2), on the subject of the distribution of appointments among the various castes and communities. the number of men newly entertained in the permenent service during the half-year and classifying them under the following heads:

1.) Brahmins

2.) Non-Brahmin Hindus

3.) Indian Christians

4.) Muhammadans

5.) Europeans and Anglo-Indians

6.) Others

The returns should be submitted not later than the 15th January and 15th of July of each year. The first return should be for the half-yearly ending 31st December 1921^17a. (Pg.: 19 & 20). 

The percentage of appointments held by Brahmins increased relatively between 1896 and 1912, as illustrated by the table below:

Percentage of appointments held:

Deputy collectors Nos.in 1912 in 1896 in 1912
Brahmins 77 53 55
Non-Brahmin Hindus 30 25 21.5
Muhammadans 15 6.5 10.5
Indian Christians 7 4 5
Europeans & Eurasians 11 11.5 8
Sub Judges
Brahmins 15 71.4 83.3
Non-Brahmin Hindus 3 21.4 16.7
Muhammadans Nil Nil Nil
Indian Christians Nil Nil Nil
District Munsifs
Brahmins 93 66.4 72.6
Non-Brahmin Hindus 25 21.2 19.5
Muhammadans 2 0.9 1.6
Indian Christians 5 11.5 3.9^18. 

Dr. C. Natesa Mudaliar, a member of the justice party recommended to the government and O. Thanikachala Chettiar moved a resolution in the legislative council on August 5, 1921.

Following this resolution, a Communal Government Order was passed in 1922.

Communal Government Order of 1922

SL.NO Community   Roster Points Reservation Percentage Population Percentage
1 Brahmins 2 16.66                3.5
2 Non-Brahmins 5 41.65
3 Indian-Christians 1 8.33
4 Anglo-Indians 1 8.33
5 Depressed Classes 1 8.33                  16.0
6 Muslims 2 16.66                17.0
Total 12 99.66^19.  

Thus, the Depressed classes began to agitate against the communal G.O. and passed resolutions for its revision in every conference. In their 12th Madras Presidency Adi-Drivda Conference held in the victoria public hall, Madras, on 25th February, 1929, presided over by B.C. Mandal of Bengal, they passed a resolution to revise the communal G. O^19 a. (Pg: 47).

Dr. B.R. Ambedkar became the labour member of the Viceroy’s Executive Council in 1942. He pleaded with the Viceroy of the need to give representation to the Scheduled Caste people in the central Administration. So, by an order of Home Department dated 11 August 1943, reservation of 8.33% was given to the S.C.s. This percentage was increased to 12.5 on 12 september 1947 on the basis of the strength of the population of S.C. s^19 b. (Pg: 47). 

After 1947 the roster points of the communal G.O.’s were raised from 14 to 20 and distributed as follows.

SL.NO Community               Roster Points Percentage of Reservation
1 Open competition 12/20 60
2 Backward Classes 5/20 25
3 Scheduled Castes 2/20 10
4 Scheduled Castes 1/20 05
5 Total 20 100^20. 

In 1951 G.O. when Kumaraswamy Raja was the C.M. This amounts to a reservation of  

SCs/STs : 15%

Backward Classes : 25%

Open Competition : 60%

The Communal G.O. was quashed by the Madras High Court (In citation AIR (38) 1951 Madras 100 (FB) 09.04.1951) and upheld by the supreme court on the ground that the G.O. was violating the provisions of the articles 15(1) and 29(2) of the consitution. Moreover, the terms non-Brahmins and Backward Classes were not found in the constitution. Dr. B.R. Ambedkar had defended the communal G.O. and caused for the ‘First Amendment’ of the constitution. so as to revive the G.O.

As early as in 1927-28 Dr. Ambedkar took constitutional remedies for the upliftment of the ‘Backward Classes’^20 b. (Pg: 45).

When K. Kamaraj was the Chief Minister in 1954, the reservation scheme was modified a little in the following way. 

SCs/STs : 16%

Backward Classes : 25%

Open Competition : 59%^21. 

In 1954 after the recorganisation of the state and taking into account the population of Scheduled Castes and Scheduled Tribes the reservation of appointments was modified as follows.

Percentage of Population: –

1.) Schedules castes and Scheduled Tribes 16% =16.30(15.90+0.40)

2.) Backward Classes 25% =34.36

3.) Open Competition 59%^21 a. 

During the D.M.K. rule (1967-1976) the communal G.O. Listed below was put into effect:

SL.NO Community               Percentage of Reservation
1 Backward Classes 32
2 Scheduled Castes & Scheduled Tribes 18
3 Open competition 50
4 Total 100^22.

The Cheif Minister M.G. Ramachandran passed on order (G.O. Ms. 72 on 21.01.1980) and made the income limit of Rs. 9000-/- null and void, and also by yet another order (G.O.Ms.No. 73, dated 02.02.1982) he raised the reservation quota of the Backward Classes from 31 to 50%. The total reservation reached during his period is: 50+18=68% (i.e. backward 50+SCs and STs 18=68%) ^23. 

Based on the Judgement in 1989 writ LR- 445 the DMK govt during 1989-1990 waited to separate the SC and ST reservation and reserved for 18% for SC and 1% for ST and increased their reservation to 19%^24. Pg: 57.

Later his (DMK) government alloted one percent reservation separtely to the Scheduled Tribes. So now the reservation scheme in Tamilnadu is as follows:

1.) Scheduled Tribes 1%

2.) Scheduled Castes 18%

3.) Backward Classes 30%

4.) Most Backward Classes 20%

5.) Open Competition 31%

Total 100%^25.  

History of the policy of Reservation in some other state.

Andhra Pradesh: –

In view of this, government of Andhra Pradesh appointed a Backward Classes Commission in April 1968 under the Chairmanship of Shri Manohar Pershad.

The recommendations of the commission on these two important items and the action taken by the state government are indicated in the following table.

1.) Harijan converts 1% 1%

2.) Other Classes 9% 7%

10% 8%^26.

It was in August 1972, that Karnataka government set up Backward Classes Commission under the Chairmanship of Shri L.G. Havanur and it submitted it report in November 1975.

Sl.No Name of Backward Classes Percentage of reservation in

Educational Government

Institutions Services

1.) Scheduled Castes 15% 15%

2.) Scheduled Tribes 3% 3%

Kerala: –

Kerala government has set up three Committees/Commissions so far on other Backward Classes. The first one was an Evaluation Committee appointed under the Chairmanship of shri V.K. Vishwanthan in june 1961. It submitted it report in Octomber 1963 and its main recommendations were.

Reservation of 40% of seats in technical and professional colleges for OBC students and 10% for students belonging to Scheduled Castes and Scheduled Tribes.

These Reservation are: –

Sl.No. Name of group Reservation for Reservation for

Class IV Posts other than Class 

IV Posts

1.) Ezhavas 11% 14%

5.) Scheduled Castes

converts to Christianity 2% 1%

The Government of Maharashtra appointed a Committee in November 1961 under the Chairmanship of Shri B.D. Deshmukh to ‘report on reservation of Backward Classes in the Services’. In its report submitted in january 1964 the Commitee recommended that:-

Name of Category Percentage of Reservation

1.) Scheduled Castes and Scheduled 

Castes converts to Buddhism 13%

2.) Scheduled Tribes 7%

3.) Denotified and Nomadic Tribes 4%

4.) Other Backward Communities 10%

Total 34% 

Punjab: –

In its Fourth Report 1975-76, the Punjab Vidhan Sabha Committee on Welfare of S.C., S.T. and Backward Classes recommended that 15% reservation should be made for OBCs in services. After examining this recommendation, the state government pointed out that 25% seats were already reserved for Scheduled Castes and 20% for ex-servicemen. As the maximum reservation could not exceed 50%, it was not possible to earmark more than 5% seats for backward classes^27. (Pg: 76 – 80).

In Tamilnadu the representation of OBC, SC/ST in Central Government Services (Ministries/ Departments, Autonomous bodies & Public Sector Undertaking).

Table

A critical analysis of Table will furnish the following logical deductions.

1.) The total employees belonging to SC/ST constitute 18.71% which is slightly lesser than their total population of 22.5%.

2.) Pro-rata reservation of 22.5% to SC/ST has reasonably helped them^28. 

Again, it was this government that issued orders to withhold grants in aid to those schools that refused to admit depressed caste or Adi-Dravidar pupils^29.

Sl.No Category of Employees Total No. of Employees SC/ST % of Employment OBC % of Employment SC/ST Population OBC Population %
1 Class I 174043 9891 5.68 8169 4.69
2 Class II 912786 165982 18.18 97063 10.63 22.5 5.2
3 Class III & IV 484646 118282 24.40 91975 91975
4 All Class 1571475 294155 18.71 197207 197207

The Relevent Judgments: –

AIR 1971 Supreme Court 2533 (V 58 C 548) From: Patna Bhaiya Ram Munda, appellant v. Anirudh patar and others, Respondents.

Constitution of India, Article 342-order under-constitution (Scheduled Tribes) order 1950 Express or implied admission by a person that he is not member of scheduled Tribes is not conclusive.

Constitution of India, Art. 342-order under-constitution (Scheduled Tribes) order (1950), Part-III (Scheduled Tribes) of Bihar Non-mention of ‘Patars’ as sub-tribe of mundas in shedule inference that they are not Mundas cannot be drawn patars of Tamar District in Bihar held are sub-tribes of Munda.

In Encyclopaedia mundarica by Rev. John Hoffmann in colaboration with Rev. Arthur Van Emelen, Vol. IX, at P. 2881 it is stated that “Munda is a name which has been given to the Mundas by the Hindus” and is exclusively used by all but the Mundas themselves. Under the heading Munda are given the names of different sub-tribes of the Mundas one of which is Mahali. At P. 2756 in the same book after the head “Mahali” it is said that Mahali is a Munda of the elder branch. The author then proceeded to say that the Mahalis are also called Tamdias especially by Hindus and in Chota-nagpur they are called khangars. In Tamar they are called Pators. The Mundari they speak is characterised by a great number of vocal checks. They have practically all the clans (kilis) found amongst the Mundas.

In Laxman Siddappa Naik V. Kattimani Chandappa, Jampanna, (1968) 2 SCR 805 = (AIR 1968 SC 929) an unsuccessful candidate for election to the Mysore Legislative Assembly for a seat reserved for a member of the scheduled tribes filed an election petition alleging that the other three candidates were Bedars a tribe not specified in part VIII, Para 2 of the constitution (Scheduled Tribes) order, 1950. The successful candidate asserted that he was a Nayaka and the Nayakas were also called Badars. The High Court held that there was no Nayaka in the area and successful candidate was a Badar. This court allowed the appeal and held that Nayakas were to be found not only in the districts of Mysore but also in Maharashtra and Rajasthan. “This tribal community was therefore wide-spread” and it was possible to say that there was no Nayaka in the District to which the appellant belonged, A bare asseration by the election petitioner that the appellant was a Bedar did not suffice to displace the acceptance of the nomination paper or the claim of the appellant that he was a Nayaka. (Collected from AIR 1971 Supreme Court 2533, P 2539, 2540).  

In B.Basavalingappa v. D. Munichinnappa, 1965 (1) SCR 316 the Constitution (Scheduled Castes) Order, 1950 specified Bhovi caste as a Scheduled Caste. The respondent a Voddar by caste contested election as a Scheduled Caste Bhovi. A Constitution Bench examined the scheme of Article 341 and uphled the contention of the appellant that in view of the sringent provisions of the Constitution with respect to a notification issued under clause (1), it is not open to anyone to include any caste as coming within the notification on the basis of evidence oral or documentary if the caste in question does not find specific mention in the terms of the notification, it was not open, therefore, to give evidence that a particular caste was a Scheduled Caste not mentioned in the 1950 Order. (Collected from 1991(1) CTC 257) ^39. (Pg: 258).

In Abhoy pada saha v. sudhir kumar mondal, 1966 supp SCR 387 = (AIR 1967 SC 115) the question had arisen what was meant by the entry “Sunri” excluding Saha”. The plan of the election petitioner in that case was that the candidate was a Saha. He failed to prove and it was held that he belonged to the Sunri caste. It was pointed out that where the entry excluded a certain sub-caste the original caste if his exclusion as a member of that sub-caste was not proved. In other words, the matter was treated as a question of fact. Similarly, in Basavalingappa v. Munichinnappa, AIR 1965 SC 1269 the veddar caste of mysore state before the state Recorganiztion in 1956 was held, on evidence to be the same as the Bhovi caste mentioned in the Constitution (Scheduled castes) Order, 1950. Again, the matter was treated as a question of fact. This Court has finally decided in Bhaiya Lal v. Harikrishan Singh, AIR 1965 SC 1557 taht what caste a candidate belongs to is a question of fact. (Pg: 930-940, Collected from AIR 1968 Supreme Court 929 (V 55 C 185)

In Bhaiyalal v. Harikrishan Singhn, (1965) 2 SCR 877 = (AIR 1965 SC 1557). In that case an election to a state Legislature was challeenged on the ground that the successful candidate belonged to the Dohar caste which was not recognized as a scheduled caste for the district in question, and on that ground the successful candidate was not competent to stand for election. The election tribunal declared the election invalid and the finding was confirmed on appeaal by the high court.

On that view the court upheld the decision of the High court that the successful candidate who was a Dohar was not, in the constituency from which the case arose a chamar within the meaning of the constitution (Scheduled Castes) Order, 1950. (Pg: 2538). (collected from AIR1971 Supreme court 2533).

In citation 2009 Writ L.R. 287

Selvi M. Shyamala..Petitioner vs. Tamilnadu state scrutiny committee, rep. by its chariman, Adi Dravidar & Tribal Welfare Department, Namakkal Kavignar Maligai, Fort St. George, Chennai-600009 and others.

Writ Petitioner who applied for M.B.B.S. Course in the Chengalpattu Medical College, as a candidate belonging to Hindu Adi Dravidar Community, was admitted for the four year M.B.B.S. Course in July 1999, under ‘Scheduled Caste’ quota, and was called upon to appear before the District Vigilance Committee (2nd respondent) for enquiry, in order to verify the genuineness of the community certificate issued in her favour by Tahsildar, Polur Taluk.

It was submitted that the father of the petitioner re-converted to Hinduism, while the petitioner was a minor, studying VIII standard, for which he underwent ‘Suddhi ceremony’ and became a Hindu, under the auspicious of Arya Samaj on 01.12.1996 and that the Arya Samaj (Central), Chennai issued a certificate on 01.12.1996 stating that the father of the petitioner converted himself to Hinduism from Christianity.

It is clear that the petitioner’s father was only a convert to Christianity from Scheduled Caste. The mother of the petitioner belongs to Hindu Vysya Chettiyar Community of Backward Class and they follow only Hindu Customs and worship Hindu Gods.

The petitioner is entitled to claim the status of Hindu Adi Dravidar Community of Scheduled Caste for all purposes.

(2015) 4 Supreme Court Cases 1, K.P. Manu..Appellant vs. Chairman, Scrutiny Committee for verfication of community certificate..Responent.

Service law-back wages-improper removal-reinstatement-grant of back wages and other consequential benefits in case of removal from service on ground of securing employment by producing false caste certificate- caste certificate found to be valid-Hence, reinstatement in service with all benefits relating to seniority and back wages up to 75% ordered.

The great-grandfather of the appellant belonged to Hindu Pulaya community. His son embraced Christianity and married a woman who originally belonged to Hindu Ezhava community but later on had converted to Christianity. From the wedlock the father of the appellant was born, who married a Christian lady. Though the appellant was born to Christian Parents but at the age of 24 years he converted himself to Hindu religion. Akhila Bharata Ayyappa Seva Sangham, which is recognised as one of the agencies by the Government of Kerala as a competent orgnisation to issue community certificate, issued a certificate certifying that the appellant has converted on behalf of the Sangham from Christian Pulayan community to Hindu Pulayan community, after performing Sudhi Karma according to Hindu rites and customs. Eventually, the Tahsildar who was authorised to issue the caste certificate, issued the necessary caste certificate. On the basis of the caste certificate the appellant secured an employment under the state government. 

The appellant shall be reinstated in service forthwith with all the benefits relating to seniority and his caste and shall also be paid back wages up to 75% within eight weeks from today.

In citation AIR 2007 Supreme Court 295 State of Maharashtra & Ors. v. Ravi Prakash Babulasing Parmar & Anr.

Constitution of India, Art. 341, 16(4) Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimuktajatis), Nomadic Tribes, other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) caste Certificate Act (23 of 2001), S.6 Caste claim Vertification powers of caste scrutiny committee. Committee can go into question as to whether caste certificate was rightly issued or not committee for that purpose can consider not only documentary evidence but also oral evidence. Directions given by High court that no oral evidence would be admissible for that purpose liable to be set aside.

We deprecate the practice of writing letters to judges when the matters were pending judgement. At one point of time, we thought to inititate the proceedings against Respondents under the contempt of courts Act, 1971; but we refrain ourselves from doing so. We are, however, of the opinion that Respondents should bear and pay the costs of appellants which is quantified at Rs. 25,000-/- (Rupees twenty-five thousand only) in each case. We direct accordingly. Civil Appeal No. 5459 of 2005: Mr. Arvind V. Savant, the learned Senior Counsel, states that as the entire matter is being remitted to the High Court, he would not press this appeal, leaving the contentions raised therin open. The appeal is dismissed. 

In citation 2010 (3) CTC 673, C.V. Kalavianan.Petitioner Vs. The sub-collector, Mettur Dam, Salem District..Respondent

Community Certificate Scheduled Castes and Scheduled Tribes Issuance of Community Certificate.  Community Certificate belonging to ‘Konda Reddy’ community issued to parents and brother of Petitioner. In such circumstances, order of Sub-Collector, respondent rejecting claim of petitioner for issuance of community certificate, held, incorrect Respondent to issue certificate to petitioner.

There is wrongful denial of the Community Certificate to the genuine claim made by the petitioner.

In the result, the writ petition is allowed and the impugned order of the respondent is set aside and the respondent is directed to issue Community Certificate to the petitioner that he belongs to ‘Konda Reddy’ Community, a notified Scheduled Tribe.

In citation (2012) 1 MLJ 830 (SC), Anand..Appellant versus. Committee for Scrutiny & Verification of Tribe Claims and others..Respondents.

Constitution of India (1950), Article, 342 Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules (2003), Rule 11 and 12 Verification and scrutiny of caste claim Termination of service on failure to produce caste certificate cancellation of caste certificate Rejection of claim on ground that his affinity towards ‘Halbi’ Scheduled Tribe not established Order of Caste Scrutiny Committee, challenged Burden of proving caste claim on applicant. Documentary evidence produced by applicant not examined property claim to be re-examined by committee appeal allowed.

The appeal is allowed; the decisions of caste scrutiny committee and the High court are set aside and the case is remitted back to the caste scrutiny committee for fresh consideration in accordance with the relevant rules and the aforesaid broad guidelines.

In citation Law Finder Doc Id # 127722: 1990 (3) SCC 130. Marri Chandra Shekhar Rao v. The Dean, Seth G.S. Medical College, (SC).

Constitution of India, Articles 341 and 342. Rights of Scheduled Castes and Scheduled Tribes-Admission to Migration Medical College whether scheduled caste and scheduled tribe students who get the protection of being classed as scheduled caste or scheduled tribes in the states or origin, when because of tranfer or movement of their father or guardian’s business or service, they move to other states as a matter of voluntary transfer, will they be entitled to some sort of protective treatment so that they may continue or pursue their education-Held, no-petitioner is not entitled to be admitted to the Medical college on the basis that he belongs to scheduled tribe in his original state.

The petitioner is not entitled to be admitted to the Medical college on the basis that he belonged to the scheduled tribes in Andhra pradesh but his continuance in the college will depend upon the consideration indicated hereinbefore. The writ petition is thus disposed of order accordingly.

Law Finder Doc Id # 292790: In citation 1958 AIR (A.P.) 724.

Dippala Suri Dora.Appellant versus V.V. Giri and others.Respondents.

He falsely declared himself to be a member of the scheduled tribes of Mukka Doras in his nomination paper, whereas in fact he was and is not a member of any scheduled tribe and was a Kshatriya; and As shri D. Suri Dora was not a member of the scheduled tribes he could not be deemed to have been duly nominated because his deposit of Rs. 250-/- only does not comply with section 34 of the Act.

We are therefore of the opinion that as two separate nomination papers were not necessary the declaration by the Returning officer that the appellant was elected should stand. The appeal is allowed with cost against respondent 1, the order of the Tribunal is set aside and that of the Returning officer restored.

In citation AIR 2000 Supreme court 1681, Air India Ltd.,Appellant v. M. Yogeshwar Raj, Respondent.

Constitution of India, Art. 226 Interim stay Disciplinary proceedings allegation of producing false caste certificate by petitioner show cause notice not challenged issues involved were primarily issues of fact yet to be decided by disciplinary authority writ petition by petitioner challenging show cause notice finding by high court as to caste of petitioner while issuing rule and also staying of proceedings before disciplinary authority is illegal.

Here the disciplinary proceedings were initiated against the respondent because of the production of a bogus certificate dated 4-10-1998. The disciplinary proceedings were initiated on 29-12-1998. There was no delay. Besides the respondent participated in the enquiry without protest.

Allow the appeal and set aside the order dated 18th September, 1999 in so far as it stayed the operation of the show because notice dated 30th August 1999 as well as the finding relating to the caste of the respondent.

In citation (2008) 4 MLJ 524. V. Krishnan and Another, chennai.petitioner versus Scheduled Tribe Certificate Issuing Officer and Personal Assistant (General) to the Collector of Chennai and Others.Respondents.

Constitution of India (1950), Art. 226 Issue of Community Certificate-petitioner applied for same in favour of his daughter on basis of community certificates issued in his favour and his wife-Impugned order rejecting applicating application on ground that petitioner has not satified as to manner in which those certificates obtained from competent authority. Certificate relied on by petitioner are valid since Community Certificates issued to Scheduled Tribe candidate by the Tehsildar prior to 11.11.1989 are valid so long as not cancelled It is not case of respondents that certificate issued in favour of petitioner and his wife have been cancelled as such, on strength of those certificates, petitioner’s application should be considered-Impugned order set aside 1st respondent directed to issue certificate in favour of petitioner’s daughter.

Held: In fact, this Court in a number of cases has not only held that those certificates are valid and but also held that without cancelling such certificates, demanding fresh certificate be produced from the competent authority also is unsustainable. It is not the case of the respondent that the certificates issued in favour of V. Krishnan and his wife V. Jamunadevi have been cancelled in a manner known to law and as a necessary corolary those certificates are invalid and hence, on the strength of those two certificates, petitioner’s application for issue of community certificate to his daughter cannot be considered. In those circumstances, the refusal of the respondent to rely upon those certificates soley on the ground that petitioner has not satisfied as to the manner in which those certificates were obtained from the competent authority cannot be sustained. Even otherwise, the said finding is not supported by any material fact or document. It is only on a presumption. Under these circumstances, the order impugned in W.P.No. 2656 of 2007 refusing the grant of certificate in favour of the daughter of the petitioner is liable to be set aside.

The writ petition in W.P.No. 6446 has been filed by K. Jothishree, D/o. V.krishnan, for issue of directions to the respondents to approve her admission to B.E. (Information Technology) Course and permit her to write all the examinations. This writ petition came to be filed on the ground that though petitioner’s father V. Krishnan and mother V. Jamunadevi were issued with a certificate dated 18.08.1991 by the Tahsildar, Mylapore, Triplicane Taluk, that they belong to Hindu Kurumun community, a notified Scheduled Tribe, the application made by the petitioner before the competent authority was not considered and it was kept pending. In view of the above stated circumstance, she was compelled to approach this court with the above prayer. 

The same petitioner had filed W.P.No. 35007 of 2007 seekingfor a direction to the 2nd respondent therein to issue hall ticket to the petitioner to write all examinations for B.E. (Information Technology) and to publish the results without insisting upon the production of the community certificate. This Court had granted the interim relief for attending the classes and taking up the examinations. 

In W.P.No. 2656 of 2007 filed by the father of K. Jothishree we have held that this petitioner is entitled for posession of a community certificate certifying that she belongs to Hindu Kuruman community, a notified schedule tribe and we have directed the scheduled tribe certificate issuing officer and personal Assistant (General) to the collector of chennai, Chennai District, to issue such a certificate within a period of two months from today. Therefore, there is no reason to reject the claim of the writ petitioner in these two writ petitions. Accordingly, these two writ petitions viz. W.P. Nos. 6446 and 35007 of 2007 are allowed as prayed fro. All the connected miscellaneous petitions shall stand disposed of.

In citation 1997 AIR (SC) 1199, State of T.N. and others.Appellants versus. A. Gurusamy.Respondent 

Constitution of India, Articles 341 (2) and 366 (24)-Evidence Act, 1872, Section 115-caste certificate cancellation of-Scheduled Caste certificate-Subsequently he obtained certificate of being Scheduled Tribe-Not found to be Scheduled Tribe but was Scheduled Caste-His caste certificate cancelled after giving him-Opportunity-Held that the certificate obtained by him was false, iilegal and fraudulent and he cannot plead estoppel-Futher held that cancellation of fraudulent certificate is proper appeal allowed.

The Presidential notification issued under Article 341(1) of the constitution read with Article 366(24) of the constitution notifies ‘Thotti’ to be a Scheduled Caste as Item No.67 of the Presidential notification. Subsequently, in 1970, the respondent had obtained a certificate from the Revenue Divisional Officer indicating him to be ‘Katunaicken’ as Item No.9 of the list of the Scheduled Tribes in the state of Tamilnadu issued by the President under article 342(1) read with article 366 (25) of the constitution. Subsequently, he had applied for permanent certificate. on that basis, an enquiry was conducted and it was found that the respondent was not a Scheduled Tribe but a Scheduled Caste.

The Court would not lend assistance to per petrate fraud on the constitution and he cannot allow to get the benefit of the fraudulent certificate obtained from the authorities. The declaration issued by the Courts below is unconstitutional and without jurisdiction. The appeal is accordingly allowed. The suit stands dismissed appeal allowed.

In Citation AIR 1995 Supreme Court 94, Kumari Madhuri Patil and another Appellants v.Addl.Commissioner, Tribal Development and others, Respondents.

The Appellants are Suchita (1994 (6) SCC 241) and Maduri daughers of Laxman Pandurang Patil. Their Grandfather was Pandurang Patil. Laxman Patil was admitted in the School in the year 1943. In his School admission register and his school and college certificates his caste was shown as “Hindu Koli”. Suchita had applied through her father, Laxman Patil to the Tahsildar Andheri on November 30, 1989 for issuance of caste certificate as “Mahadeo Koli” a Scheduled Tribe. The Sub-Divisional Officer, Bombay a Sub –Urban Dist. By his proceedings dated June 22, 1989 refused to Ms.Suchita  and informed her that she was not a scheduled Tribe “ Mahadeo Koli”. She filed an appeal before the Addl. Commissioner, Konkan Division, Bombay. As she had applied for admission into the M.B.B.S. course and the time for her admission was running out, she filed Writ Petition No.3516 of 1990 in the High Court to direct the Addl. Commissioner to dispose of her appeal and to further direct to the Dean of D.Y.C. Naikc Medical College to permit her to appear for interview and admit her in the college if she was found fit. 

It is not in dispute that she filed a copy of the judgment in Subhash Ganpat Roa? Kabade v. State of Maharashtra (Writ Petition No.438 of 1985) wherein “Kobi” was held to be Mahadeo Koli’. Before the Addl.Commissioner and also in the High Court. Because of the directions of the High Court she was admitted inthe M.B.B.S. Course and she is continuning her studies. The Addl.Commissioner directed the Tahsildar to issue the certificate and accordingly issued to Miss Suchita the Certificate as Scheduled Tribe Miss Suchita applied to the Verification Committee for confirmation of her status as Scheduled Tribe. 

Madhuri applied for the issuance of Scheduled Tribe Certificate before the Divisional Executive Magistrate, Greater Bombay, enclosing the order passed by the High Court in Writ Petition No.3516 of 1990. Dated, December 4, 1990, in favour of her sister Suchita, which was issued on August 23, 1990 declaring her status to be “Mahadeo Koli” and then she got the admission into B.D.S. in the year 1992. Thereafter, she applied to the Verification Committee for confirmation. The proceedings by the verification Committee was jointly conducted into the claims of the appellants initiated on December 8, 1989, the father of the appellants was called upon to furnish in the prescribed form back ground ancestry and anthorpology of “Mahadeo Koli” Scheduled Tribe to verify the veracity of his claim of status as S.T.

The Courts have constitutional duty and responsibility in exercise of the power of its Judicial review to see that constitutional goals set down in the preamble.

When it is found to be case of fraud played by the concerned no Sympathy and equitable considerations can come to his rescue. Nor the plea of estoppel is germane to the beneficial constitutional concessions and opportunities given to the genuine tribes or castes. Courts would be circumspect and vary in considering such cases.

But for the fact that she has completed the entire course except to appear for the final examination we would have directed to debar her from prosecuting the studies and appearing in the examination. In this factual situation no useful purpose would be served to debar her from appearing for the examination of final year M.B.B.S. Therefore, we uphold the cancellation of the social status as Mahadeo Koli fradulently obtained by Km.Suchita Laxman Patil, but she allowed to appear for the final year examination of M.B.B.S. course. She will not however be entitled in future for any benefits on the basis of the fradulent social status as Mahadeo Koli. However, this direction should not be treated and used as a precedent in future cases to give any similar directions since the same defeat’s constitutional goals.

In the case of Maduri Laxman Patil she did not approach the competent Officer. She appears to have wrongly gone to an officer who had no jurisdiction, obviously she has shown the order issued by the High Court in favour of her sister Suchita and secured the certificate and got the admission. Though she is in midway of her study in B.D.S. in the end of second year, she cannot continue her studies with her social status as Mahadev Koil, a Scheduled Tribe and the concessions which she might have got onthe account. If she was eligible for obtaining admission as a general candidate, she may continue he studies. Therefore, we uphold the cancellation and confiscation of her and of Suchita of Social status as Mahadeo Koli ordered by Scrutiny Committee and affirmed by the order of Appellate Authority and that of the High Court in that behalf. Subject tothe above modifications, the appeal is dmissed.

In AIR 1995 Supreme Court 94, the 15 necessary streamlines were formed by Honble Judges (Pg: 103).

In which the direction no (13) stands over ruled. (through) in 2011-5-L. W 895. As a conquence wherever the writ petitions against the orders of the scrutiny Committee are heard by a Single Judge and the State law a letter patent permits an intrs-court appeal, the same will be available. (Pg: 910).

In citation 2011-5-L.W. 895.

Caste Certificate/ Cancellation of, on the basis of the Report of the Collector that the certifictes produced were false Consequent dismissal from service was challenged in writ petition which was allowed by single Judge. Appeal to division bench of the high court, mainainability was objected to on the basis of the Judgment and direction in Kumari Madhuri Patil’s case.

Consequently, the writ appeal (earlier letters patent appeal) will stand restored to file of the High Court. We request the High Court to hear and dispose of the said appeal (against order dated 9.05.2003 in W.P.No. 2074/2002) onn merits, expeditiously.

In citation 2018 (3) TLNJ 241 (Civil). Ravi, petitioner Vs. The Revenue Divisional Officer, Krishnagiri, Krishnagiri District. 2. The Tahsildar, Taluk Office, Pochampalli, Krishnagiri District, Respondents

Community Certificate – petition – for issue of SC Community Certificate to purusue higher studies of the son of the petitioner which is insisted by authority – Application rejected by Thasildar – appeal before R.D.O – was pending and no order passed till date – High court directed R.1 to consider the appeal filed by the petitioner and dispose same in accordance with law with in the stipulated time – petition closed with directions. For issuance of Panniandi Scheduled Caste Community Certificate to Petitioners sons R. Prakash and R. Kalliappan.

In citation Dated January 19, 2018 New Delhi. Non-Reportable, Sunitha singh-Appellant vs. State of Uttar Pradesh and others.

There cannot be any dispute that the caste is determined by birth and caste cannot be changed by marriage with a person of scheduled caste. Undoubtedly the appellant was born in Agarwal’ family, which falls in general category and not in scheduled caste. merely because her husband is belonging to a scheduled caste category, the appellant should not have been usued with a caste certificate showing her caste as scheduled caste.

Judgement dated 21-12-2015 passed by the High court of judicature at allahabad in writ- C.No. 53689 of 2015, dismissing the writ petition filed by the appellant and confirming the order of termination from service passed against the appellant is called in question in their appeal.

“The order of termination from service” passed against appellant shall be treated as “the order of compulsory retirement”, However, we make it clear that this shall not be treated as precedent in future.

In citation Law Finder Doc Id # 19652: 1997 (3) CTC 36: 1997 (7) SCC 505. R. Kandasamy v. Chief Engineer, Madras Port Trust, (SC) Scheduled Caste Certificate/Community certificate.

The validity of certificate issued by the Tehsildar prior to 11.11.1989, the joint Secretary to the Government of Tamil Nadu on 3.4.1991 informed the Collectors of various districts in Tamil Nadu that “the permanent Community Certificate issued to Scheduled Tribes by Tehsildar up to 11.11.1989 is valid. This communication had been placed on record in the High Court. From a combined reading of G.O.M.S. No. 2137 dated 11.11.1989 and letter of the joint Secretary dated 3.4.1991 (Supra) it follows that whereas a Community Certificate after 11.11.1989 is required to be issued by the Renenue Divisional Officer, but the community certificate issued by the Tehsildar prior to 11.11.1989 are valid certificates.

For the purpose of his appointment as a Mazdoor in the Madras Port Trust.

The respondent shall have to hold a proper enquiry but till that certificate is not cancelled, the certificate shall be treated as a valid certificate by the competent authority.

In citation [R. Vishwanatha Pillai v State of Kerala, AIR 2004 SC 1469: 2004 (1) JT 88: 2004(2) SCC 105: (1) Supreme 436: 2004 (1) Scale 285: (2) SL. T 51: 2004 Lab IC 556: 2004 (100) FLR 673: 2004 (1) SLR 744.]. 

Punishment-Alteration-Appointment obtained by submitting false certificate of caste-fraud detected and by the time of order dismissal, delinquent had completed 27 years of service-Delinquent being guilty of fraud, dismissal cannot be substittuted by compulsory retirement-constitution of India-Articles 16,311(2)-It was contended that since the appellant has rendered about 27 years of service the order of dismissal be substituted by an order of compulsory retirement or removal from service to protect the pensionery benefits of the appellant.

Appellant obtained the appointment against a post meant for a reserved candidate by producing a false caste certificate and by playing a fraud. His appointment to the post was void and non-est in the eyes of the law. The right to salary or pension after retirement flow from a valid and legal appointment. The consequential right of pension and monetary benefits can be given only if the appointment was valid and legal. Such benefits cannot be given in a case where the appointment was found to have been obtained fraudulently and rested on false caste certificate. A person who entered the service by producing a false caste certificate and obtained appointment for the post meant for Scheduled Caste thus depriving the genuine Scheduled Caste of appointment to that post does not deserve any sympathy or indulgence of this court. A person who seeks equity must come with clean hands. Equity jurisdation cannot be exercised in the case of a person who got the appointment on the basis of false caste certificate by playing a fraud. No Sympathy and equitable consideration can come to his rescuse. Equity or compassion cannot be allowed to bend the arms of law in a case where an individual acquired a status by practising fraud.

In citation [G. Sundrasam v Union of India & Anr., 1995 (5) JT 568, P. 569: 1995 (4) SLR 584: 1995 SCC (L&S) 1077: 1995 (3) SCT 397.] 

Punishment-forfeiture of pension-person obtaining appointment wrongly as Scheduled caste person- pentaly not unwarranted-in the instant caser the petitioner had wrongfully gained appointment against the post reserved for scheduled castes. it was vehemently contended that a certificate was issued in 1956 by the competent authority stating that the petitioner belonged to the community recognised as a scheduled caste and petitioner’s grandfather belonged to Thotti Naicken community and he continued in office for the period of 30 years. At this belated stage, it cannot hold that he is not a scheduled caste and cannot be called upon to prove it once over.

HELD: It is for the petitioner to prove that he belongs to the scheduled caste specified in the presidential Notification in to the state to which he belongs and was born. In S.S.L.C register the petitioner did not claim his status as a scheduled caste. On the other hand, his father name was mentioned as Ganga Naidu and he claimed to be Hindu. In those circumstance the certificate obtaining from the Revenue Authorities in the year 1956 in obviously a false certificate.

Under these circumstances the pentaly of forfeiture of pension cannot be said to be unwarranted.

Inspie of all the deterrent judgement of the Honble Courts against false community certificate, the pratice and use of such false certificate continue unabated.

Foot Note: –

(1) Raobhadur Retaimalai Srinivasan (1859-1945). The champion of civil Rights of Dalits in TN 2011. Dr. G. Thangavelu MA, BL., Blit, OT,Phd., New Centuary Book House (P) Ltd, Ambattur, Chennai-98. P. 1

(1) a. Ibid PP. 135, 136.

(2) M C Rajah (1883-1947), The Morning star of Dalits’uprising in Tamilnadu by Prof Dr. G. Thangavelu M.A., B.L., B.Lit., OT., Ph.d., New Century Book House (P) Ltd, Ambattur, Chennai, April-2009. P. 7. 

(3) Dialogue Quarterly Editor B.B. Kumar, Volume-17, No: 3, printed and published by Dr. Lata Singh IAS (Rtd) Asthabharati Delhi. P. 8.

(4) Communal Reservation and constitutional safeguards in Tamilnadu by Dr.G. Thangavelu and R. Prathapan, Plot No. 1175, 58th street, Periyar Nagar, Korattur, Chennai-80. First Edition March-1999. PP. 1 & 2.

(5) Dialogue Quarterly Editor B.B. Kumar, Volume-17, No: 3, printed and published by Dr. Lata Singh IAS (Rtd) Asthabharati Delhi. P. 8.

(6) Kautilya’s Arthasastra Translated by the late Dr. J. F. Fleet Ph.d., CIE, ICS. Mysore Printing and Publishing, House, Mysore-1967. P. 377.

(7) The colas by KA. Nilakanta sastri. M.A., University of Madras-1975. P.549.

(8) History of Tamil Nadu (to AD 136) N.Subramanian.MA,Ph.d., 1916/1972, koodal Publisher, Madurai, Tamilnadu. PP. 35 & 36.

(9) History of Tamilnadu (to A. D. 1336) N.Subrahmanian M.A., Ph.d. koodal publisher, Madurai, Tamilnadu 1916/1972. P. 335.

(10) Dr. Babasaheb Ambedkar, writings and speeches, vol-7 by Vasant Moon, Educational Department, Govt of Maharastra-1990. P. 317.

(11) Raobahadur Rettaimalai Srinivasan (1859-1945). The champion of Civil Rights of Dalits in Tamilnadu 2011 by Dr. G. Thangavelu M.A., B.L., B.Lit., OT., Ph.d., New Century Book House (P) Ltd, Ambattur, Chennai-98. P. 135.

(12) M.C Rajah (1883-1947) the Morning Star of Dalits Uprising of Tamilnadu Dr. G. Thangavelu, M.A., B.L., B.Lit., OT.,Ph.D., New Century Book Pvt Ltd, Ambattur, Chennai-98 April 2009. P. 19.

(13) Iyotheathasar sinthanaigal-1, politics, social Reform,”Hemeneuties, (History-society) G.Aloysius published by Folklore Resources and Research centre, Palayamkottai, Tamilnadu-1999. P. XXXII.

(14) Dialogue Quarterly Editor B.B. Kumar, Volume-17, No: 3, printed and published by Dr. Lata Singh IAS (Rtd) Asthabharati Delhi. P. 8 & 3.

(15) Raobhadar Retaimalai Srinivasan (1859-1945). The champion of civil Rights of Dalits in TN 2011. Dr. G. Thangavelu MA, BL., Blit, OT,Phd., New Centuary Book House (P) Ltd, Ambattur, Chennai-98. P. 39.

(16) Mannurimani porally Rattamalai srinivasan life History (1859-1945) Prof. Dr. C. Ambedkar Priyan MA., Dlitt (USA) sri Narayanaguru pathipakkam, Virugambakkam, Chennai-2001. P. 27.

(16) a. Raobhadar Retaimalai Srinivasan (1859-1945). The champion of civil Rights of Dalits in TN 2011. Dr. G. Thangavelu MA, BL., Blit, OT,Phd., New Centuary Book House (P) Ltd, Ambattur, Chennai-98. P. 13.

(17) M.C Rajah (1883-1947) the Morning Star of Dalits Uprising of Tamilnadu Dr. G. Thangavelu, M.A., B.L., B.Lit., OT.,Ph.d., New Century Book Pvt Ltd, Ambattur, Chennai-98 April 2009. PP. 47 & 49.

(17) a. Relevance of Reservation by L. Ganesan Valentina Publications 39, Kothandaramar Koil Street, West Mambalam, Madras-600033. First Edition, January-1991. PP. 19 & 20.

(18) DMK and social justice, complied by K.S. RadhaKrishnan, published by Dravida Munnetra Kazhagam, Anna Arivalayam. 367 & 369, Anna Salai, Chennai-600018. Frist print 2009. P. 6 & 7.

(19) M.C Rajah (1883-1947) the Morning Star of Dalits Uprising of Tamilnadu Dr. G. Thangavelu, M.A., B.L., B.Lit., OT.,Ph.d., New Century Book Pvt Ltd, Ambattur, Chennai-98 April 2009. PP. 74 & 75.

(19) a. Communal Reservation and constitutional safeguards in Tamilnadu by Dr.G. Thangavelu and R. Prathapan, Plot No. 1175, 58th street, Periyar Nagar, Korattur, Chennai-80. First Edition March-1999. P. 47.

(19) b. DMK and social justice, complied by K.S. RadhaKrishnan, published by Dravida Munnetra Kazhagam, Anna Arivalayam. 367 & 369, Anna Salai, Chennai-600018. Frist print 2009. P. 47.

(20) Communal Reservation and constitutional safeguards in Tamilnadu by Dr.G. Thangavelu and R. Prathapan, Plot No. 1175, 58th street, Periyar Nagar, Korattur, Chennai-80. First Edition March-1999. P. 91.

(20) a. D.M.K. and Social Justice Compiled by K.S. Radhakrishnan Published by Dravida Munnetra Kazhagam “Anna Arivalayam” 367 & 369, Anna Salai, Chennai-600018. P. 40 & 41.

(20) b. Communal Reservation and constitutional safeguards in Tamilnadu by Dr.G. Thangavelu and R. Prathapan, Plot No. 1175, 58th street, Periyar Nagar, Korattur, Chennai-80. First Edition March-1999. P. 45.

(21) D.M.K. and Social Justice Compiled by K.S. Radhakrishnan Published by Dravida Munnetra Kazhagam “Anna Arivalayam” 367-369, Anna Salai, Chennai-600018. P. 41.

(21) a. Relevance of Reservation by L. GanesannValentina Publications 39, Kothandaramar Koil Street, West Mambalam, Madras-600033. First Edition, January-1991. P. 50.

(22) Communal Reservation and constitutional safeguards in Tamilnadu by Dr.G. Thangavelu and R. Prathapan, Plot No. 1175, 58th street, Periyar Nagar, Korattur, Chennai-80. First Edition March-1999. P. 53.

(23) Communal Reservation and constitutional safeguards in Tamilnadu by Dr.G. Thangavelu and R. Prathapan, Plot No. 1175, 58th street, Periyar Nagar, Korattur, Chennai-80. First Edition March-1999. P. 74.

(24) Communal Reservation and constitutional safeguards in Tamilnadu by Dr.G. Thangavelu and R. Prathapan, Plot No. 1175, 58th street, Periyar Nagar, Korattur, Chennai-80. First Edition March-1999. P. 57.

(25) DMK and social justice, complied by K.S. RadhaKrishnan, published by Dravida Munnetra Kazhagam, Anna Arivalayam. 367 & 369, Anna Salai, Chennai-600018. Frist print 2009. P. 43.

(26) Relevance of Reservation by L. GanesannValentina Publications 39, Kothandaramar Koil Street, West Mambalam, Madras-600033. First Edition, January-1991. PP. 68 & 69.

(27) Ibid. PP’s. 76-80.

(28) Ibid. PP. 116 & 117.

(29) DMK and social justice, complied by K.S. RadhaKrishnan, published by Dravida Munnetra Kazhagam, Anna Arivalayam. 367 & 369, Anna Salai, Chennai-600018. Frist print 2009. P. 33.

  1. Prathapan.M.A.,M.Phil.,ML.

Advocate.

No: 240, Addl. Law Chambers,

High Court Buildings,

Chennai-600105.

Mobile No: 9361924242.