Recommendation Made By State Government Without Legislative Exercise Cannot Be A Basis To Seek Issuance Of ST Certificates: Madras High Court

The Madras High Court stated that the recommendation made by the State Government without legislative exercise under Article 342 of the Constitution of India cannot be a basis to seek issuance of Scheduled Tribe community certificates.

The court has directed the state government to explain on what basis community certificate were issued to persons belonging to Malayali community, who are permanent residents of Erode District.

The bench of Chief Justice Manindra Mohan Shrivastava and Justice G. Arul Murugan pointed out, “It is trite law that inclusion or exclusion in the list of Scheduled Tribes in relation to any State could be done only by way of parliamentary enactment under Article 342 of the Constitution of India. The recommendation made by the State Government, by itself, without such legislative exercise, could not be made a basis to seek issuance of community certificates.”

Furthermore, the bench stated that, “Upon perusal of the list of Scheduled Tribes in relation to the State of Tamil Nadu, we find that Malayali community has been included in the said list at Entry 25 and it is confined to the personsbelonging to Malayali community who are permanent residents of Dharmapuri, North Arcot, Pudukottai, Salem, South Arcot and Tiruchirappalli Districts. This does not include Erode District… the petitioners are claiming the benefit on the basis that large number of such community certificates are being issued to persons belonging to Malayali community, who are permanent residents of Erode District.”

Advocate S.Doraisamy appeared for the Petitioner, and State Government Pleader A.Edwin Prabakar appeared for the Respondent.

Brief Facts

Petitioners have filed petitions seeking issuance of a direction to respondents to issue community certificates on the claim that the petitioners belong to Malayali community and the State Government has made a recommendation to the Government of India for inclusion of Malayali community residing in Erode District also in the List of Scheduled Tribes in Tamil Nadu. Petitioner submitted the community certificates in favour of persons belonging to the Malayali community and residing in Erode District are being issued by the Revenue Divisional Officer, Erode.

Cause Title: P.Deepa v. The Collector (W.P.No. 34912 of 2025)

Appearence

Petitioner Advocate S.Doraisamy

Respondent State Government Pleader A.Edwin Prabakar

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