'TNPSC has no jurisdiction to question the genuineness of the SC certificate'

CHENNAI: The Madras High Court has said that the Tamil Nadu Public Service Commission (TNPSC) has no jurisdiction to question the genuineness of the Scheduled Caste community certificate.

Dismissing a writ appeal filed by TNPSC, the division bench comprising Justices D Krishnakumar and K Govindarajan Thilakavadi directed the Commissioner of Treasuries and Accounts, Saidapet, Chennai to forward the N Jayarani's Community Certificate issued by the Tahsildar, Radhapuram to the District Level Vigilance Committee, Tirunelveli to conduct a detailed enquiry and take appropriate decision in accordance with law within six months.

The bench also directed the respondent N Jayarani to appear before the District level Vigilance Committee to substantiate her claim and said that the appointment of N Jayarani will be subject to the outcome of the order passed by the District Level Vigilance Committee.

During the hearing, counsel G Hema representing the appellants (TNPSC) contended that the single judge has erred in placing reliance on the Government Order issued on January 2, 2009 for granting the relief to the respondent N Jayarani especially when the said GO does not have retrospective effect.

It is further contended that TNPSC is bestowed with the duty of selecting candidates which includes the duty of fitting the candidates into their reservation quota and in which circumstances, TNPSC has the authority to delve/probe into the genuineness of the claims made by the candidates.

Therefore, the counsel prayed for setting aside the impugned order passed by the single judge.

Responding to this, senior counsel S Subbiah submitted that the single judge has rightly passed the order, following the earlier decision of this court as well as the Supreme Court on the ground that the appellant has no jurisdiction to issue notice to the respondent asking for community certificate containing the name of her father.

He also submitted that the respondent has joined duty and presently working as Junior Assistant cum Typist in the office of the Commissioner of Treasuries and Accounts, Saidapet, Chennai.

N Jayarani was born to the parents belonging to the Adi Dravida Christian community and married to a Hindu and therefore she reconverted to Hinduism in 1992.

As she lost her husband in 1996, she declared her status that she belongs to the Scheduled Caste community in the gazette on July 22, 1998.

While N Jayarani applied for the post of Group IV services conducted by the TNPSC for the year 1996-1997, she produced her community certificate issued by the Tahsildar, Radhapuram and she also produced a certificate from the Sub-Collector, Cheramahadevi to show that she is a destitute widow and later, she joined in the service as Junior Assistant in Madhapuram Treasury Office, Tirunelveli district.

When she was serving in the post, the TNPSC requested to produce a fresh community certificate obtained in her father's name, as the community certificate already produced in the name of her husband cannot be accepted.

Challenging this, N Jayarani moved the Tamil Nadu Administrative Tribunal and later the petition was transferred to the Madras High Court.

Hearing the petition moved by N Jayarani, the single judge held that once a community certificate is issued to a person by a competent authority, the same is valid until the same is cancelled and therefore the TNPSC has no jurisdiction to direct the petitioner to produce the community certificate mentioning in the name of the petitioner's father.

Assailing this single judge's order, the TNPSC filed an appeal plea in the Madras High Court.