CHENNAI: Madras high court has made it clear that Tamil Nadu Public Service Commission (TNPSC) has no authority to scrutinise or verify the genuineness of scheduled caste community certificate produced by a government servant.
Only the district or state-level scrutiny committee, constituted by the state government specifically for the purpose, is the competent authority to do the scrutiny, a division bench of Justice D Krishnakumar and Justice Govindarajan Thilakavadi has said.
The bench made the observation while dismissing an appeal moved by the TNPSC challenging a single judge order revoking a notice issued by the TNPSC, asking for a fresh community certificate from a woman employee.
N Jayarani was appointed as Junior Assistant in 1999 based on an SC community certificate produced by her. Subsequently, she received a memo from the TNPSC instructing her to furnish a fresh community certificate obtained in her father's name, as the certificate she had already produced in the name of her husband could not be accepted. Aggrieved, Jayarani moved the high court challenging the notice. Allowing the plea, a single judge held that the certificate issued by the Tahsildar dated March 31, 1993 clearly established that Jayarani was a Christian before reconverting to Hinduism in 1992 and that she was now living as an Adi Dravida (SC).
The single judge also held that Jayarani could not be considered as a Christian Adi Dravida as contended by the TNPSC and that she was eligible for reservation as a Hindu Adi Dravida.
Challenging the order, the TNPSC moved the present appeal. When the appeal came up for hearing, the bench relied on a full bench order of the high court and held that only the scrutiny committee constituted by the state was competent to scrutinise the certificate.