Madras High Court Asks State To Initiate Action For Expeditious Disposal Of Enquiries Relating To Bogus Community Certificates Being Used For Securing Public Employment

The writ of mandamus before the High Court was instituted to direct the first respondent-Tamil Nadu State Level Scrutiny Committee, to consider various representations of the petitioner (Bank of Baroda) and determine the community status of the respondents in a time-bound manner.

The Division Bench of Justice S.M. Subramaniam and Justice K. Rajasekar ordered, “The respondents are directed to ensure that required number of State Level Scrutiny Committees are constituted for effective disposal of the enquiries pending before the Committee and further ensure that the community certificates are issued after complete scrutiny and by way of conducting appropriate enquiry as per the procedures contemplated. In this regard, appropriate orders are directed to be passed expeditiously, preferably within a period of six (6) weeks from the date of receipt of a copy of this order.

Advocate Revathi Manivannan represented the Petitioner, while Additional Advocate General P. Kumaresan represented the Respondent.

Factual Background

The Petitioner Bank was aggrieved by the fact that several employees had produced bogus community certificates for securing employment. The Government authorities issued many such certificates, and by using such certificates, public employment was secured illegally by several persons. In respect of persons identified relating to their bogus community certificates, actions were initiated.

The Bank approached the High Court after the State Level Scrutiny Committee, which is the competent authority to decide the genuineness of the community certificate, allegedly was not disposing of the matters expeditiously. The Bank required an expedited disposal as it is bound to settle retirement benefits of employees who are on the verge of retirement and facing charges.

Reasoning

The Bench, at the outset, said, “In this context, the Government has to assess the workload of the State Level Scrutiny Committee and take efforts to ensure required number of Committees are constituted for the purpose of disposing of the enquiries pending. The Government is empowered to fix time timeline for disposal of these applications. Court cannot fix such time timeline, since the work load and number of Committees functioning are to be assessed by the Government.

The Bench made it clear that the Manual for issuance and verification of Scheduled Castes/Scheduled Tribes Community Certificates are to be scrupulously followed by the subordinate Authorities, and in the event of failure, they must be subjected to disciplinary actions for their lapses, dereliction of duty and negligence. In the event of non-cooperation by any of the parties, the State Level Scrutiny Committee or the competent Authority is empowered to record such non-cooperation and proceed with the matter without any further delay

The High Court suo motu impleaded the Secretary to Government, Adi Dravidar and Tribal Welfare Department, Fort St.George, Chennai, for initiation of action to ensure that the enquiries are concluded expeditiously in public interest and to protect the sanctity of the reservation policy.

The Bench thus disposed of the Petition by directing that the required number of State Level Scrutiny Committees be constituted for effective disposal of the enquiries pending before the Committee.

Cause Title: Bank of Baroda v. The Chairman, Tamil Nadu State Level Scrutiny Committee & Secretary to Government (Neutral Citation: 2025:MHC:1135)

Appearance:

Petitioner: Advocate Revathi Manivannan

Respondent: Additional Advocate General P. Kumaresan, Additional Government Pleader Vadivelu Deenadayalan

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