Madras High Court
N.Rajagopal vs The Revenue Divisional Officer on 12 September, 2023
W.P.No.26186 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.09.2023
CORAM
THE HONOURABLE Mrs. JUSTICE J.NISHA BANU
AND
THE HONOURABLE Mrs.JUSTICE N.MALA
W.P.No.26186 of 2023
and
W.M.P.No.25585 of 2023
N.Rajagopal
S/o Narasimman .... Petitioner
vs
1. The Revenue Divisional Officer,
Dharmapuri,
Dharmapuri.
2. The Secretary to Government,
Revenue Department,
Fort St.George,
Chennai - 600 009.
3. The Secretary to Goverment,
Adi-dravidar Welfare Department,
Fort St.George,
Chennai - 600 009.
(R2 & R3 suo motu impleaded vide
order dated 12.09.2023 made in W.P.26186/2023
by JNBJ & NMJ) ...Respondents
1/18
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W.P.No.26186 of 2023
Prayer: Writ Petition filed under Article 226 of the Constitution of India
to issue a Writ of Certiorarified Mandamus to call for the records relating to
the online rejection order in Application Numbers in TN-52023070512970
(N.Rajagopal), TN-52023070513179 (R.Srikanth) and TN-
52023070513249 (R.Naveenkumar) dated Nil, quash the same and direct
the respondent to issue community certificate to the petitioner and his
children R.Srikanth and R.Naveenkumar and S.Gowtham that they belong
to Kurumans (ST) Community based upon the community certificate of the
petitioner's own brother's children namely 1) M.Vaisnav Mukunthan and
2) Yeshvika dated 24.07.2023 which was issued as per the orders of this
Court in W.P.No.23397 of 2019 dated 19.10.2022 and State Committee
report of petitioner's close relatives namely K.Devi and S.Kaviyarasan.
For Petitioner : Mr.S.Doraisamy
For Respondents : Mr.E.Vijayanand
Additional Government Pleader
ORDER
(The Order of the Court was made by N.Mala,J)
This writ petition is filed to issue a Writ of Certiorarified Mandamus
to call for the records relating to the online rejection order in Application
Numbers in TN-52023070512970 (N.Rajagopal), TN-52023070513179
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(R.Srikanth) and TN52023070513249 (R.Naveenkumar) dated Nil, quash
the same and direct the respondent to issue community certificate to the
petitioner and his children R.Srikanth and R.Naveenkumar and S.Gowtham
that they belong to Kurumans (ST) Community based upon the community
certificate of the petitioner's own brother's children namely 1) M.Vaisnav
Mukunthan and 2) Yeshvika dated 24.07.2023 which was issued as per the
orders of this Court in W.P.No.23397 of 2019 dated 19.10.2022 and State
Committee report of petitioner's close relatives namely K.Devi and
S.Kaviyarasan.
2. The writ petitioner belongs to 'Kurumans Community' which is
classified as Scheduled Tribe community. The petitioner studied upto 5th
standard and was an agricultural coolie. As he did not require the
community certificate, he did not obtain the same. The petitioner required
community certificate for his children R.Srikanth and R.Naveenkumar and
so he preferred an online application to the respondent for issuance of
community certificate based on the community certificate issued to his
brother's children on 24.07.2023. The petitioner's online application for
issuance of community certificate was rejected by Revenue Divisional
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Officer, Dharmapuri, in a mechanical manner by citing the Tahsildar's
remarks and also stating that the petitioner had not enclosed his parents'
community certificate, community certificate issued to blood relations and
family tree. Aggrieved by the rejection order, the petitioner filed the writ
petition for the aforesaid relief.
3. At the time of hearing, the learned counsel for the petitioner
submitted that the Government introduced the online application for
issuance of community certificate vide G.O.MsNo.524 dated 14.10.2010
and therefore, the petitioner applied online for issuance of community
certificate for his children. Learned counsel submitted that the respondent,
while rejecting the community certificate ought to have conducted an
enquiry and given the petitioner an opportunity to produce the documents
and establish his claim for issuance of community certificate for his
children. Learned counsel further submitted that the respondent erred in
rejecting the application overlooking the certificate issued to his brother's
children. Learned counsel relied on the judgment of the Hon'ble Supreme
Court in State of Bihar Vs Sumit Anand 2005(12) SCC 248 and the
judgment of the Division Bench of this Court in W.P.No.19251 of 2015
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W.P.No.26186 of 2023
(D.Ruthiran v. The Revenue Divisional Officer, Dharmapuri) in support
of his contention that the respondent ought to have issued the community
certificate to his children on the basis of the community certificate issued to
his brother 's children.
4. Learned Additional Government Pleader appearing for the
respondents submitted that the Government had issued a Manual laying
down the procedure for issuance of Scheduled Caste and Scheduled Tribes
Certificates. As per the procedure laid down by the Government, the
Application for issuance of community certificate could be made in two
ways. One, the Traditional/ Manual method and the other Online Method/
through Web based services (vide G.O.Ms.No.524 dated 14.10.2010).
Learned counsel for the respondents submitted that as the petitioner had
submitted his application online, the respondent rejected the same after
following the procedures contemplated for consideration of the certificates
made Online. Learned counsel further submitted that the respondent having
followed the procedure strictly, the rejection of the petitioner's application
could not be faulted with.
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5. Learned counsel for the petitioner submitted that though the
procedure for submission of application may be different while considering
the application, particularly, when the same is rejected, the procedure
provided for Tradition/Manual Method has to be followed. Learned counsel
further submitted that there could not be two procedures particularly while
rejecting the community certificate.
6. We have heard both the counsels and we have perused the
materials available on record.
7. In the Manual for verification of community certificate published by
the Government, Clause 3.9 lays down the procedure for issuance of
Scheduled Caste/Scheduled Tribe community certificate. For better
appreciation of the case, the procedure under Clause 3.9 of the Manual on
Scheduled Castes/ Scheduled Tribes Community Certificates-Issuance and
Verification, is extracted as follows:
3.9. Procedure for Issuance of Scheduled
Caste/Scheduled Tribe Certificates.-
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A. Traditional/Manual Method. -
(1) The application for grant of social status certificate
shall be made to the Tahsildars (in case of Scheduled
Castes) and Revenue Divisional Officers/Sub-
Collectors/Assistant Collectors/Personal Assistant
(General) to Collector of Chennai (in case of
Scheduled Tribes).
(2) The authority competent to issue the community
certificate, on receipt of the application, shall
investigate the application in an open and transparent
fashion, affording opportunity of hearing.
(3) On receipt of the application from the candidate, the
competent Revenue officer authorized for issuing
Scheduled Caste and Scheduled Tribe Community
Certificates shall himself visit the candidate's local
place of residence and make enquiries with the
candidates; his parent/guardian; blood relatives; local
residents (tribes and non-tribes); such other person
who have knowledge of the social status of the
candidate, local revenue offers such as VAO, Ri; etc.,
in an open and transparent fashion.
(4) On completion of due inquiry and proper verification
of records/documents collected during the field
enquiry, the above authority has the following three
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options for disposal of such applications:-
i. The competent authority (RDO/Tahsildar) can
issue the certificate applied for, if he is fully
satisfied.
ii. If it is found after due inquiry that the request is
not feasible of compliance, the competent
authority can reject it and issue a speaking order
to the applicant and close the papers.
iii. If the application is submitted with insufficient
details or if it is found that additional details are
required after inquiry, the authority can direct
the applicant to renew the request with full
details in a complete shape and close the papers.
(5) In the cases, where the issuing authority is fully
satisfied that the claim of the candidate or parent or
guardian, as the case may be, that he belong to that
community is correct, the above authority shall issue
the permanent Community Certificate card to the
candidate concerned.
(6) The competent authority while issuing community
certificate, should consider the Scheduled Tribe
community issued in favour of the parents and close
relatives of the applicants, subject to verification of the
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W.P.No.26186 of 2023
relationship and until the above Scrutiny Committee,
the competent authority should accept the same and
issue Scheduled Tribe Community Certificate to the
applicants.
8. As far as the procedure for Online Method/ through web based
services is concerned, the procedure is as follows:
B. Online Method/through Web based services.
(G.O. (Ms) No.524, Revenue (RA2(2) Department,
dated 14.10.2010 and Tamil Nadu e-District Application
Training Manual)
(1) The application may be submitted online in the
prescribed format. To begin with the citizen's identity
details (Citizen Registration) are entered either directly
in the prescribed format (online) or through the
People's Computer Centres (kf;fs;fzpdpikak;) or
Browsing Centres or any other source. (A People's
Computer Centres operator can log in to the e-District
Application using the User ID and Password).
(2) On submission of the citizen's identity details, the
citizen is provided with the Citizen Account Number
(CAN) online consisting of 13 digits. This Citizen
Account Number must be repeated by the citizen in
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future as it will save time in filling up data time and
again.
(3) The People's Computer Centre may collect nominal
charges for the services rendered.
(4) Once the online application is filled up and submitted
along with the required documents being scanned and
attached, it will be sent online to the Village
Administrative Officer/Revenue Inspector (VAO/RI). An
unique Application ID will be generated and
acknowledgement will be issued to the applicant by the
People's Computer Centres (kf;fs;fzpdpikak;) operator.
(Each Village Administrative Officer/ Revenue
Inspector (VAO/RI) will be provided with a User ID and
Password). The hard copy of the application along with
the required attachments will be handed over to the
VAO by the People's Computer Centres (kf;fs;fzpdpikak;)
staff and an acknowledgment will be collected from the
VAO by the People's Computer Centres (kf;fs;fzpdpikak;)
staff.
(5) The VAO/RI will ascertain the genuineness of the
request, as is done traditionally as to whether a
certificate can be issued. (A print out may be taken
found necessary). After the application is
recommended/not recommended by the VAO, the
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W.P.No.26186 of 2023
application is forwarded to the RI to review the same
(This is done online). On being recommended / not
recommended by the RI, the application is forwarded to
the Zonal Deputy Tahsildar (online).
(6) The Zonal Deputy Tahsildar can see the details of the
application and then will review the details entered by
the VAO/RI. On being satisfied with the information, he
will then issue the certificate with his digital signature
being affixed on the certificate. He also reserves the
right to reject the application in which case the
rejection is also done digitally.
(7) For other certificates the Zonal Deputy Tahsildar will
mark the application Recommended/not recommended
along with his comments and forward it to Revenue
Divisional Officer.
(8) Revenue Divisional Officer can view the details of the
application and will go through the comments entered
by VAO/RI/ZDT/Tahsildar in case of Community
Certificate (ST) and on being satisfied with the
information, he will approve the application and then
issue the certificate with his digital signature being
affixed on the certificate. He also reserves the right to
reject the application in which case the rejection is also
done digitally.
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(9) As the digital signature is unique to every officer, it
does not require a manual signature and is valid by
itself.
(10)To receive a printed copy, the Applicant CSO Operator
should log in to the e-District Application, type the CAN
(Citizen Account Number) and retrieve the digitally
signed document. This may then be printed out. This
Certificate is legally valid (without any manual
signature) due to the presence of the digital signature
and has the same value as a manually signed
certificate.
(11)Those who wish to have manually signed certificates in
addition to digitally signed certificate shall be provided
the same by the authorities concerned on request.
(12)At any point of time, the citizen may use his CAN
(Citizen Account Number) to track the status of the
request of his Certificate.
(13)The mobile number of the Applicant (if filled up on the
application) will enable a SMS alert indicating the
status of the request.
(14)Tahsildar can review the comment of VAO/RI instantly.
He can approve/disapprove the application. For
approved application digital signature will be used
while issuing the certificate.
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W.P.No.26186 of 2023
(15)In case of negative remarks by RI/VAO the Tahsildar
reserves the right of rejecting/approving the
application. This is also performed digitally.
(16)In case citizen does not request signed copy, digitally
signed certificate is generated by the Tahsildar.
(17)In the case of signed copy, citizen collects certificate
from the Taluk Office.
(18)In the case of digitally signed certificate, people's
computer centre operator downloads the certificate and
prints it.
(19)Citizen provides acknowledgment for receiving the
certificate.
9. From a reading of both the procedures, it is seen that in the
procedure for Traditional/Manual method, while considering and disposing
the application, three options are given to the authority. Option (1) The
competent authority shall issue the certificate applied for, if satisfied. Option
(2) If the authority finds that the request is not feasible, reject the same by
issuing a speaking order. Option (3) If the application is filed with
insufficient details, the authority can direct the applicant to renew the
request with full details and in complete shape.
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W.P.No.26186 of 2023
10. In the procedure contemplated for the online method, it is seen
that there is no provision for passing a speaking order and in case of
insufficient details, to direct the applicant to renew the request with full
details and in a complete shape. As the online /web-based services do not
require a speaking order while rejecting the request for community
certificate, the respondents reject the applications in a mechanical manner
without citing any reasons which in our view is violative of the principles of
natural justice. In the absence of a speaking order, people are forced to
approach this Court resulting in unnecessary litigations, expenditure and
hassle. On a comparison of two methods, it is seen that persons applying
online are deprived of an opportunity to renew the application with complete
details and in full shape. The case on hand is a classic example of the
discriminatory procedure adopted under online web service method. In the
present case, no doubt three reasons are given for rejecting the application
like non-production of community certificate of the petitioner's close
relatives, family tree and the Tahsildar's remarks. In our view, the denial of
natural justice is writ large, inasmuch, as the Tahsildar's report is not
furnished to the petitioner. Further, failure of the respondent to give an
opportunity to the petitioner to produce the community certificate of close
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W.P.No.26186 of 2023
relatives and the family tree before rejecting the application is unsustainable
as it deprives the petitioner of an opportunity to produce the same before the
authority which is otherwise, available to persons applying manually. In our
view, if the procedure contemplated in manual method is adopted even for
online/ web service method, then litigations can be avoided. We have
referred to the procedures contemplated under the two aforesaid methods to
drive home the point that even while considering the applications online, the
respondents are bound to pass a speaking order and to further give an
opportunity to the applicant to renew the request by producing the required
additional documents.
11. We, therefore, set aside the rejection order in Application Nos.
TN-52023070512970, TN-52023070513179 and TN52023070513249 and
direct the respondents to consider the petitioner's request by giving him an
opportunity to produce the certificate of the petitioner's brother's children,
the family tree and any other document that would support the petitioner's
claim.
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12. Before parting with this case, we are inclined to issue further
directions to the impleaded respondents 2 and 3 to circulate this order to
ensure that in future, online/web based application are not rejected
mechanically and the procedure contemplated for traditional/ manual
methods insofar as it relates to the options for disposal of application is
concerned particularly, in case of rejection of online / web based
applications.
13. The Writ Petition is allowed with the above directions. No costs.
Consequently, connected miscellaneous petition is closed.
(J.N.B.,J.) (N.M.,J.)
12.09.2023
Index:Yes/No
Speaking/Non-speaking order
vsi
To
1. The Revenue Divisional Officer,
Dharmapuri, Dharmapuri.
2. The Secretary to Government,
Revenue Department,
Fort St.George, Chennai - 600 009.
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W.P.No.26186 of 2023
3. The Secretary to Goverment,
Adi-dravidar Welfare Department,
Fort St.George,
Chennai - 600 009.
J.NISHA BANU,J.
and
N.MALA,J.
vsi
W.P.No.26186 of 2023
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W.P.No.26186 of 2023
12.09.2023
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