CHENNAI(Dec 27,2013): There is no rationale in denying scheduled caste (SC) certificate and other benefits to a church-going dalit, the Madras high court has said.
A division bench comprising Justice N Paul Vasanthakumar and Justice T S Sivagnanam, passing orders on a person whose application for SC certificate was rejected by a sub-collector in Puducherry, said going to
church could seldom be considered a valid reason to reject the application.
"For deciding the community status, the factors that are to be verified are whether the person is suffering from any kind of social and economic disability and whether the scheduled caste Hindus in the locality are treating the person as one among themselves," they said.
Noting that the sub-collector got carried away by the VAO's report and rejected M Jayaraj alias Ramajayam's claim, the judges said: "Rejection of community/social status community certificate to deserving person will deny his valuable rights guaranteed under the Constitution and attaches civil consequences."
The report merely stated that the Jayaraj was often visiting the church in Othiyampattu village.
The judges said the sub-collector was bound to conduct a proper inquiry and could take a decision only after affording opportunity of hearing to the applicant. Pointing out that such a procedure had not been followed in the present case, they set aside the impugned order dated June 21, 2011. The court also restored the application of Jayaraj and asked the officials to consider the matter afresh and pass fresh orders within four weeks.
