Red Tapism Must Be Combated: Madras High Court Asks State To Create Centralised Portal For Applying, Issuing Community Certificates

The bench of Acting Chief Justice D Krishnakumar and Justice PB Balaji observed that through the centralized system, an applicant should be able to apply to the authority concerned in the district he/she resides in without relegating to the native district. The court added that the system could also introduce a provision enabling the authorities to verify the communal status of the applicant based on their family's communal status who resides in the district even if the applicant is not living in that district.

The court added that a time limit should also be fixed to conclude the entire procedure so that no unnecessary delay is caused and the applicant is able to be given access to educational and employment opportunities.

The court also remarked that the state of Tamil Nadu, despite being a frontrunner of cutting-edge solutions for governance, was not able to grant relief to an applicant at times and was making him/her run from pillar to post. The court thus noted that simplifying the procedure was the only solution to combat the red-tapism prevailing in the State.

“The primary purpose of issuing community certificate is to uplift the marginalised communities by ensuring access to education and employment. The State of Tamil Nadu is known to be the frontrunner to offer cutting edge solutions for governance. Despite availability of the state-of-the-art technology, if no relief is granted to an applicant betimes and if the applicant is made to run from pillar to post, then the only solution is to combat the red-tape and simplify the entire procedure,” the court said.

The court was hearing a petition filed by Mahalakshmi seeking directions to the authorities to issue a Scheduled Tribe Community Certificate (Kattunayakan) to her. She informed the court that she was married and residing in Tiruvannamalai district. Mahalakshmi submitted that both her father and her sister were issued community certificates in Vellore District and Ranipet District and despite furnishing these details, her application was rejected by the RDO in Tiruvannamalai District.

Mahalakshmi further informed the court that though she had appealed against the rejection in September 2023, the appeal was rejected only in August 2024, after a lapse of almost one year. She submitted that such delay was fatal and unsustainable. She also argued that the authorities were making her run from pillar to post to seek benefits to which she was genuinely entitled and which had already been given to her father, sister and ancestors.

The State informed that the application was rejected since Mahalakshmi could apply for the community certificate only in her native district where her ancestors resided and since her parents, and blood-relatives were not native residents of Tiruvannamalai District.

The court noted that Mahalakshmi's case prima facie appeared to be genuine but her appeal was transferred after a period of one year. This prompted the court to suggest a centralized system for streamlining the process and for issuing directions. The state government pleader, however, sought time to take instructions regarding the implementation of the court directions and thus the case was adjourned.

Citation: 2024 LiveLaw (Mad) 345

Case Title: V Mahalakshmi v The Secretary and Others

Case No: W.P.No.25287 of 2024