Community certificate
s kumar
(Querist) 08 March 2013
This query is : Resolved
DEAR SIR,
THE TAMILNADU STATE LEVEL SCRUTINY COMMITTEE CANCELLED MY SCHEDULED TRIBE COMMUNITY CERTIFICATE IN 2005-06.APPEAL AGAIST THE ORDER WAS DISMISSED BY SUPREME COURT OF INDIA.
NOW THE TAMILNADU GOVT. FORMED A VIGILANCE CELL AS PER MADURI PATIL JUDGEMENT WHICH WAS NOT PRESENT DURING MY ENQUIRY.
RECENT G.O DATED 15-10-2012 STATES...
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. Whileso, the Hon’ble Bench of Madras High Court in various Writ PetitionNos. 20277/2011, 17002/2011, 25148/2011 filed by Tvl. P. Vinoth, S. Saraswathi
and 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 spotenquiry 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 communalstatus 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”.
In consonance to the orders of the Supreme Court of India and as per the directions of Hon’ble Bench of Madras High Court, Madras in the above Writ
Petitions, the Government after careful examination have decided to constitute Vigilance Cells and also to modify the functions of the Committees ordered in G.O.(2D)No. 108 Adi Dravidar and Tribal Welfare Department dated 12.09.2007.
WHETHER ITS POSSIBLE TO CHALLANGE MY CANCELLATION ORDER ONCE AGAIN IN HIGH COURT OF MADRAS SIR as per in A.V. Papayya Sastry and Ors. v. Govt. of A.P. and Ors. (2007) 4 SCC 221. Considering English and Indian cases, one of us (C.K. Thakker, J.) 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. It can be challenged in any Court, at any time, in appeal, revision, writ or even in collateral proceedings.
KINDLY GUIDE ME SIR.
THANK YOU.
Raj Kumar Makkad
(Expert) 09 March 2013
The matter of fraud is not found involved in your case so you cannot take the shelter of nullity judgment as you desire hence there is no chance after the verdict of supreme court of India.
