CHENNAI: A division bench of Madras High Court passed an order directing the state government to issue a manual within eight weeks to ensure that the eligible person to get Scheduled Caste and Scheduled Tribes Certificate shall not be made to run from pillar to post for obtaining the community certificate.
The court also wanted the government not to provide the SC/ST certificate to people who make a bogus claim saying that they belong to the SC/ST section.
A division bench of Justice R Subramanian and Justice K Kumaresh Babu passed the directions on disposing of a petition filed by C Chockalingam.
The petitioner sought direction to the state government to consider his representation dated February 2, 2022, by framing guidelines for the issuance of ST community certificate to Kurumans community people as per the orders of Madras HC.
Recording the submissions, the bench held that in the case of Kumari Madhuri Patil Vs. Additional Commissioner, Tribal Welfare, the Supreme Court issued several directions in issuing the community certificates.
"The Madras HC had also issued additional guidelines in the cases of G Venkitasamy Vs The Chairman, State Level Scrutiny Committee and P Govindarasu and G Ramasamy Vs The Revenue Divisional Officer, Harur, Dharmapuri District in 2016," the judges noted.
"Even though the Apex Court had suggested framing of legislation to control the menace of people obtaining the community certificates, for which they were not entitled to, but till date the state of Tamil Nadu had not framed any legislation hitherto, " the court ruled.
“In spite of the Government Order, Adi Dravidar and Tribal Welfare Department, we find that the same has not been applied in its letter and spirit. The government had issued various GOs, circulars and letters indicating/issuing guidelines, the manner in which the applications have to be made and the manner in which such applications have to be considered and disposed of,” Justice Kumaresh Babu wrote.
The judges also asked the government to conduct sensitisation courses for the authorities in charge of the grant of community certificates and the verification as to the guidelines issued by the Government and the various judgments of the Apex Court as well as the Madras HC in issuing the community certificate and verification of the same.