I belong to "KURUMANS" - scheduled tribe community. The Tamilnadu State Level Scrutiny Committee cancelled my community certificate via Proceedings No:9907/ADWII/2003 dated 27.04.2006. My appeal against the order is rejected by the supreme court of india JAN 2012.
Now the Adi Dravidar & Tribal Welfare (CV I) Department in the G.O(MS) No.106 dated 15.10.2012 in the para 2 that :
“As per the Supreme Court direction, the Vigilance Cells have not
been constituted to verify the community status of the persons belonging to Scheduled Castes/Scheduled Tribes and to submit its report to the District Level Vigilance Committee/State Level Scrutiny Committee……
3. Whileso, the Hon’ble Bench of Madras High Court in various Writ Petition Nos. 20277/2011, 17002/2011, 25148/2011 filed by Tvl. P. Vinoth, S. Saraswathiand V. Sampangiramiah respectively has set aside the proceedings of the StateLevel Scrutiny Committee when the Community Certificate was declared as not genuine stating that the State Level Scrutiny Committee has not obtained the spot enquiry report of the Vigilance Cells as directed by the Supreme Court and also directed that it is high time that the Government should take note of the same and constitute vigilance cells with qualified personnel to decide about the communal status of the candidates so as to head off the repetition of such sort of decisions given by the State Level Scrutiny Committee in a half – hearted manner”.
The State Level Scrutiny Committee which cancelled my community certificate doesn’t have a vilgilance cell as per the supreme court direction.
The State Level Scrutiny Committee without a vigilance cell is not in the eye of law and its orders are set aside by the Madras without High Court in various Writ Petition Nos. 20277/2011, 17002/2011, 25148/2011 filed by Tvl. P. Vinoth, S. Saraswathi and V. Sampangiramiah respectively .
Hence the State Level Scrutiny Committee which cancelled my community is illegal, unconstitutional and not in the eye of law.
In A.V.Papayya Sastry and Ors.v.Govt.of.A.P and Ors(2007) 4 SCC 221 the supreme court of india stated:
“It is thus settled proposition of law that a judgment, decree or order obtained by playing fraud on the Court, Tribunal or Authority is a nullity and non est in the eye of law. Such a judgment, decree or order --by the first Court or by the final Court-- has to be treated as nullity by every Court, superior or inferior.”
Since the committee doesn’t have a vigilance cell and not in the eye of law as directed by Supreme Court of India,whether its possible to apporach the state scrutiny committee again or the madras high court .kindly give your valuable opinion please.