R VISHWANTHA PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) Leave granted.

(2.) This judgment shall dispose of both the Civil Appeals bearing Civil No. 89 of 2004 (arising out of SLP (C) No. 18503 of 2000) and Civil Appeal No. 90 of 2004 (arising out of SLP (C) No. 12261 of 2001), arisen from a common order dated 28-7-2000 passed by the High Court of Kerala. 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 not to remove the appellant from service without complying with the provisions of Article 311 of the Constitution and the rules framed thereunder. High Court held that the appellant was not 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 not to have been appointed to the service validly ever. 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. 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.

(3.) We shall take up the Civil Appeal No. 89 of 2004 (arising from the SLP (C) No. 18503 of 2000) first and shall deal with the other appeal separately.