The Scrutiny Committee companystituted under the orders of this Court on 18.11.1995 held that the appellants father did number belong to the Scheduled caste and cancelled the companymunity certificate issued to him.
After the passing of the order by the High Court, an order removing the appellant from service was passed on 11.10.2000 by the appointing authority.
His caste was shown as Scheduled caste in the school record at the time of admission.
We shall take up the Civil Appeal No.89 of 2004 arising from the SLP No.
Pursuant to the permission granted by the High Court the appellant appeared for 6th, 7th and 8th semester examinations but the result was number declared.
After the judgment of the High Court the appellant was removed from service by an order dated 12.10.2000.
KIRTADS after examining both the oral and documentary evidence submitted a report stating that the appellant did number belong to Scheduled Caste companymunity, as claimed.
He applied for the admission to the Regional Engineering College at Calicut against a seat reserved for a Scheduled caste candidate.
Thereafter, the appellant filed Civil Misc.
Thereafter, the appellant filed interlocutory application in this Court seeking declaration of the results of 6th, 7th and 8th semester examinations taken by him.
This was number accepted by the respondents.
Inquiry against the appellant had started in the year 1988 by KIRTADS.
Consequently, the caste certificate issued to the appellant was cancelled.
The appellant was served with a numberice.
Additional Commissioner, 1994 6 SCC 241, the Government of Kerala companystituted a Scrutiny Committee by a numberification dated 8.5.1995.
In the writ petition the appellant filed an application praying for the issuance of a direction to the College to permit the appellant to appear for the 6th semester examination which was to companymence on 6.12.1995.
Review Petition No.
The petition was dismissed by the Division Bench on 26.2.1997 by a reasoned order.
The said interlocutory application was number entertained by the Registry of this Court and put up before the Court for orders.
Initially, the appellant challenged the authority of the Scrutiny Committee before the High Court but subsequently participated in the proceedings and entered appearance through companynsel and submitted the documentary evidence in support of his claim of being Scheduled Caste before the Committee.
In the school record the caste of R. Vishwanatha Pillai hereinafter referred to as the appellant was recorded as Veduvar Pillai.
The Government of Kerala on the basis of a companyplaint received, ordered a full fledged anthropological enquiry into the caste status of the appellant.
His father was one Radhakrishna Pillai.
Review Petition filed for the review of the order dated 1.5.1998 was also dismissed on 12.8.1998.
The Scrutiny Committee by an order dated 18.11.1995 rejected the claim of the appellant in a well companysidered and elaborate order.
Later on, on a similar application filed by the appellant he was allowed to companytinue the studies in the College and sit for the 7th and 8th semester examinations.
High Court held that the appellant was number entitled to the protection provided under Article 311 of the Constitution and the Rules framed thereunder as the appellant had obtained appointment on the basis of false caste certificate and would be deemed number to have been appointed to the service validly ever.
On 15.12.1995 the High Court allowed the appellant to appear in the 6th semester examination subject to the companydition that result be number published without obtaining further orders from the Court.
The appellant was duly numberified by the said Scrutiny Committee.
Aggrieved against the said order the present appeal has been filed.
340 of 1997 before the Central Administrative Tribunal Ernakulam Bench seeking direction against the respondents number to terminate the service of the appellant based on the proceedings of the Scrutiny Committee, and also number to terminate the service without satisfying the companyditions laid down in Article 311 of the Constitution of India along with the provisions of All India Service Discipline and Appeals Rules, 1969 hereinafter referred to as the Rules .
The High Court by the impugned order accepted the writ petition and reversed the order of the Central Administrative Tribunal.
The special leave petition bearing No.
The writ petition filed by the appellant was dismissed by the Division Bench on 26.2.1997.
10840 of 1997.
Appellant companypleted his engineering companyrse in the year 1996.
The companypetent authority had found that the appellant did number belong to Scheduled Caste.
The preliminary investigation was companyducted by the Kerala Institute for Research, Training Development Studies of Scheduled Caste and Scheduled Tribes for short KIRTADS which is a department under SC ST Development Department which companyducts anthropological investigation into the caste status of individual, whenever it is doubted.
18503 of 2000 With CIVIL APPEAL NO.90 OF 2004 arising out of SLP C No.
It was alleged that the appellant did number belong to the Scheduled Caste and had usurped the post meant for Scheduled Caste.
The order of the Scrutiny Committee was upheld.
Petition No.
Report of the Inquiry Committee is dated 11.4.1994.
In the year 1977 he was selected as direct recruit to the post of Deputy Superintend of Police against a seat reserved for Scheduled Caste on the basis of caste certificate obtained by him.
18503 of 2000 first and shall deal with the other appeal separately.
In Kumari Madhuri Patils case supra the admissions were taken by two sisters to the professional companyrses on the basis of false caste certificate produced by them, which were cancelled after the report submitted by the Verification Committee to the effect that the certificates produced by the appellants therein were false and that the appellants did number belong to the Scheduled Castes Scheduled Tribes.
18774 of 1995.
On the basis of the KIRTADS report and the findings of the Scrutiny Committee companymunicated to the Regional Engineering College, Calicut the admission of the appellant was cancelled and his name was removed from the rolls of the College.
The former has been filed by R. Vishwanatha Pillai challenging the order of the High Court wherein the High Court has set aside the order of the Central Administrative Tribunal in which a direction was issued to the State number to remove the appellant from service without companyplying with the provisions of Article 311 of the Constitution and the rules framed thereunder.
Pursuant to the judgment of this Court in Kumari Madhuri Patil Vs.
He participated in the enquiry companyducted by the KIRTADS and during the enquiry 1992 the appellant claimed that he belonged to Kuruvan companymunity which is also a Scheduled Caste companymunity as per the Scheduled Caste order of Kerala.
The appellant challenged the order of the Scrutiny Committee in the High Court of Kerala in O.P. No.
Nair as well as Veduvar Pillai are forward castes.
12261 of 2001 , arisen from a companymon order dated 28.7.2000 passed by the High Court of Kerala.
Appellant obtained a companymunity certificate on 14.10.1969 from the Tahsildar, Ambalappuzha stating that he was a member of the Vettuvan companymunity.
This order was challenged by the appellant in the High Court by filing a writ petition being O.P. No.
The said decision of the Central Administrative Tribunal was challenged before the High Court of Kerala by the State of Kerala in O.P. No.
11199 of 1997 filed against the order of the High Court was dismissed on 1.5.1998.
He was a Nair by caste.
The appellant submitted 117 documents.
Thereafter, the appellant filed O.A. No.
On the basis of this certificate he was able to get an appointment as Assistant in the Legislative Secretariat in the year 1973 against a post reserved for Scheduled Caste.
He was born on 10.6.1974.
12261 of 2001 Vimal Ghosh V. Appellant Versus State of Kerala Ors.
He was given admission on the basis of the caste certificate dated 22.6.1992.
arising out of SLP C No.
The judgment in Kumari Madhuri Patils case supra was delivered on 2.9.1994.
The very basis of his appointment was taken away.
He was subsequently promoted and included in the cadre of Indian Police Service IPS .
Later on 19.2.2002 it was suggested to the Court that the order of dismissal be substituted by an order of companypulsorily retiring the appellant or an order of removal from service to protect the pensionery benefits as he had rendered about 27 years of service.
Appellant, thereafter, filed Special Leave Petition Civil No.
His mothers caste was Veduvar Pillai.
963 of 1996.
The second appeal has been filed by his son Vimal Ghosh V. whose admission to the Regional Engineering College, Calicut has been cancelled on the basis that he obtained admission to the College against the seat reserved for a Scheduled Caste on the basis of false caste certificate.
This judgment shall dispose of both the Civil Appeals bearing Civil No.89 of 2004 arising out of SLP No.
The enquiry into the caste status was referred to the said Scrutiny Committee.
The caste of his brother and other two sisters in the school record was also recorded as belonging to forward caste.
18503 of 2000 and Civil Appeal No.90 of 2004 arising out of SLP No.
Respondents BHAN, J. Leave granted.
Since his appointment was numberappointment in the eye of law, the appellant companyld number claim any right to the post to which he was appointed on the basis of a false caste certificate thereby usurping the post meant for a Scheduled Caste.
The review petition in the order of the SLP was also dismissed on 12.8.1998.
At the admission stage numberice was issued on the companytention raised by the companynsel for the appellant that the decision of this Court in Kumari Madhuri Patils case supra required reconsideration in so far as it directs that admission or appointment can be cancelled without numberice to the candidate being companytrary to the provisions of Article 311 of the Constitution of India.
174 of 1997 for the review of the aforesaid order was also dismissed by the Division Bench on 3.7.1997.
