Chennai:
A mother of three children was denied community certificate by a Tahsildar stating that he was unable to ascertain what religion she and her family members were following without conducting a detailed
enquiry.
Hearing a petition filed by a minor Amarnath represented by his mother S Usha Rani, the division bench comprising Justice M Jaichandren and Justice M Venugopal observed that it is the duty of the Tahsildar to
consider the request of the petitioner in a qualitative and quantitative manner and the reasons put forth by the Tahsildar are not valid and legally tenable to reject the request of the mother of the minor boy to issue the Caste certificate.
Usha Rani submitted that she is a dalit who got married to a man belonging to a Christian community but she never converted to Christianity as her in-laws never accepted her marriage.
She stated in her petition that her three children -- Amarnath, Arunika and Asmitha were born and brought up at Karaikal at her parents' house as members of dalit community. Rani said she secured a Job in the Jipmer Hospital, Puducherry as an Assistant in the Operation theatre of the Hospital as class IV employee as a result she shifted to Puduchery. However, she got separated from her husband.
Rani said she approached the revenue authorities at Karaikkal for a community certificate for the purpose of higher education of her children. The Tahsildar, Karaikal rejected her application saying that she was residing at Puducherry for the last six years and hence it was unable to ascertain what religion she and her family members were following in an order dated November 26, 2011.
Setting aside the order of Tahsildar, the judges said that the rejection order bristles with legal infirmities and suffers from material irregularities in the eye of Law.
They directed Rani to submit a fresh application seeking issuance of Scheduled Caste Certificate to her children along with necessary supporting documents, if any within a period of two weeks from the date of receipt of the copy of this order.
The bench directed Tahsildar to conduct a detailed enquiry on receipt of the above application and pass a reasonable order known to law and in accordance with law within a period of 12 weeks
A mother of three children was denied community certificate by a Tahsildar stating that he was unable to ascertain what religion she and her family members were following without conducting a detailed
enquiry.
Hearing a petition filed by a minor Amarnath represented by his mother S Usha Rani, the division bench comprising Justice M Jaichandren and Justice M Venugopal observed that it is the duty of the Tahsildar to
consider the request of the petitioner in a qualitative and quantitative manner and the reasons put forth by the Tahsildar are not valid and legally tenable to reject the request of the mother of the minor boy to issue the Caste certificate.
Usha Rani submitted that she is a dalit who got married to a man belonging to a Christian community but she never converted to Christianity as her in-laws never accepted her marriage.
She stated in her petition that her three children -- Amarnath, Arunika and Asmitha were born and brought up at Karaikal at her parents' house as members of dalit community. Rani said she secured a Job in the Jipmer Hospital, Puducherry as an Assistant in the Operation theatre of the Hospital as class IV employee as a result she shifted to Puduchery. However, she got separated from her husband.
Rani said she approached the revenue authorities at Karaikkal for a community certificate for the purpose of higher education of her children. The Tahsildar, Karaikal rejected her application saying that she was residing at Puducherry for the last six years and hence it was unable to ascertain what religion she and her family members were following in an order dated November 26, 2011.
Setting aside the order of Tahsildar, the judges said that the rejection order bristles with legal infirmities and suffers from material irregularities in the eye of Law.
They directed Rani to submit a fresh application seeking issuance of Scheduled Caste Certificate to her children along with necessary supporting documents, if any within a period of two weeks from the date of receipt of the copy of this order.
The bench directed Tahsildar to conduct a detailed enquiry on receipt of the above application and pass a reasonable order known to law and in accordance with law within a period of 12 weeks
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