Mere Recommendation By State To Include Community In Scheduled Tribe List Cannot Be Basis To Seek Caste Certificate: Madras HC

The Madras High Court recently questioned the Erode District Collector on how scheduled caste certificates were issued to persons belonging to the Malayali community and residing in Erode District of Tamil Nadu. The bench of Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan noted that any inclusion or exclusion in the Scheduled Tribe list of a State can be done only by way of a parliamentary enactment under Article 342 of the Constitution. The court thus observed that the State's recommendation, without any legislative exercise could not be the basis for seeking a community certificate. “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,” the court said. The court was hearing a petition filed by a woman seeking directions to the District Collector to issue a community certificate. The petitioner claimed that she belonged to the Malayali community and that the State Government had made a recommendation to the Government of India for inclusion of the Malayali community in the list of Scheduled Tribes in Tamil Nadu. The petitioner also submitted that community certificates were being issued to persons belonging to the Malayali community and residing in Erode by the Revenue Divisional Officer, Erode. The court noted that the Malayali community had been included in the list of Scheduled Tribes in relation to the State of Tamil Nadu, but this list was confined to the persons belonging to the Malayali community who were permanent residents of Dharmapuri, North Arcot, Pudukottai, Salem, South Arcot, and Tiruchirappalli Districts. The court noted that the list did not include the Erode District. Thus, the court directed the State to file its reply and explain the circumstances under which the community certificates were issued by the Revenue Divisional officer to the persons belonging to the Malayali community living in Erode district. Counsel for the Petitioner: Mr. S. Doraisamy Counsel for the Respondent: Mr. A. Edwin Prabakar State Government Pleader Case Title: P Deepa v. The Collector Case No: W.P.No.34912 of 2025 etcClick Here To Read/Download The Order

Mere Recommendation By State To Include Community In Scheduled Tribe List Cannot Be Basis To Seek Caste Certificate: Madras HC

Upasana Sajeev

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