O N G C LTD Vs. B UMA

JUDGEMENT

(1.) WE have heard learned counsel for the parties.

(2.) THIS appeal by special leave is directed against the judgment and order dated 27th September, 2004 in Writ Petition Nos. 18114 and 18115 of 2002 passed by the learned Single Judge of the Madras High Court whereby the learned Single Judge of the High Court allowed the writ petitions and quashed the order of termination as well as the order of State Level Caste Scrutiny Committee.

(3.) IN the present case, the petitioner (respondent herein) when she was admitted in the school, adopted the caste of her father viz. Hindu Gowda but at the time when she applied for service, she wanted to adopt the caste of her mother i. e. Hindu Adi Dravida which is a scheduled caste community and on that basis she secured the appointment. But after the complaint was received and the matter was referred to the District Vigilance Committee as well as to the State level Committee whereby they cancelled the certificate obtained by the incumbent and her services were terminated. Learned Single Judge after referring to the aforesaid circular has held that the petitioner has right to adopt her mother's caste and she has rightly secured the appointment and consequently, set aside the termination order of the petitioner. Hence the appellant is in appeal against the aforesaid order passed by the learned Single Judge dated 27th September, 2004.