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PETITIONER: R. KANDASMY

       Vs.

RESPONDENT: THE CHIEF ENGINEER, MADRAS PORT TRUST.

DATE OF JUDGMENT:       22/08/1997

BENCH: A. S. ANAND, K. VENKATASWAMI

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R Leave granted.      The appellant  filed a write petition in the High Court Of Madras  Seeking a Mandamus to the Chief Engineer.  Madras Port Trust  - respondent  herein  to  accept  the  community certificate of the appellant dated 10.3.1987, issued by thew Tehsildar, Mambalam, for the purpose of his appointment as a mazdoor in  the Madras  Port Trust  . It  appears  that  the appellant was called for an interview for appointment to the post of  mazdoor by  the respondent by the letter dated 19th August, 1995  and subsequently  was called  to appear for an interview on  17th November,  1995  together  with  all  the testimonials  and  certificates.    The  appellant  appeared before the  respondent and  produced the  relevant documents including  the   community  Certificates   issued   by   the Tehsildar,  Mambalam,   Madras,  dated   10.3.1987.     That certificate was  not accepted  by the Port Trust and on 20th November,  1995,  the  respondent-Port  trust  required  the appellant to  produce "latest  community Certificates"  from the  Revenue  Divisional  Officers.    The  request  of  the appellant to  accept the certificate issued by the Tehsildar in 1987  and not  to insist  upon the  production of a fresh certificate from  the  Divisional  Revenue  Officers  on  or before 30th  December, 1995,  his name  would be left out of consideration for  appointment.  The appellant at that stage approached the  High Court.   A  learned Single judge of the High Court on 8th  February, 1996, referred to G.O.M.S.NO. 2137 dated 11.11.89 to hold that the certificate required to be produced was from the Revenue Divisional Officer and that the  certificate.   The  learned  Single  Judge  Accordingly dismissed the writ petition and declined to issue Mandamus , as prayed to.      A write  Appeal was filed.  That writ Appeal came to be dismissed on  29th February, 1996 by the division Bench.  It is these  two words  orders which  have been  put  in  issue before us in this appeal.      We have  heard learned  council  for  the  parties  and perused the  record.   Paragraph 4  of  the  G.O.M.S.NO.2137 dated 11.11.89. reads thus:      "The   Govt.   directs   that   the

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    community certificates  in  respect      of all  communities included in the      list of  schedule Tribes,  for  the      purpose of  appointments in  public      services under  central  and  state      Govts. Public  Sector Undertakings,      quasi  Govts.  institutions,  Banks      etc., hereafter,  be issued only by      the Revenue Divisional Officers".      On a  doubt being  raised  regarding  the  validity  of certificates issued  by the Tehsildar prior to 11.11.89, 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   certificates  issued  to scheduled Tribes  by the  Tehsildars up  11.11.89 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 11.11.89 and  letter of  the Joint Secretary dated 3.4.1991, (supra) it  follows that  whereas a  community  certificates issued by the Tehsildar prior to 11.11.89 are required to be issued by the Revenue Divisional Officers, but the community certificates issued  by the  Tehsildar prior to 11.11.89 are valid certificates.  In view  of this  position, it  was not proper for  the respondent  to have  insisted upon  a  fresh certificate to be produced by the appellant from the Revenue Divisional Officers as admittedly the community certificates produce by  the appellant  had been issued by thew Tehsildar concerned in 1987, that is , prior to 11.11.89.      In our  opinion the  community Certificate  issued to a schedule Tribe  candidate by the Tehsildar prior to 11.11.89 is a  good and  valid community  certificates not cancelled. The  authorities   cannot  decline   to   take   that   into consideration and insists upon a fresh community certificate from the Revenue Divisional Officers.      The judgement of the High Court under the circumstances cannot be  sustained.   They are set aside any by a Mandamus we direct  the respondent  to take into consideration of the appellant to the appointment.      We clarify  that we  have only  dealt  with  the  legal aspect of  the matter  and  have  not  pronounced  upon  the genuineness an  the correctness of the community certificate for which  if there is any doubt (though none appear to have been raised  in the  High Court  and none  was projected  us either) the  respondent shall have to hold as proper enquiry but till  that certificate is not cancelled, the certificate shall be  treated as  a  valid  certificate  issued  by  the component authority.      The appeal is allowed in the above terms. No costs.