SUJITH KUMAR Vs. COMMISSIONER

JUDGEMENT

(1.) The petitioner in this writ petition assailing the order dtd. 23/4/2016 as per Annexure-Q to the petition.

(2.) The petitioner was appointed to the post of Technical Assistant by the National Aerospace Laboratory ('the NAL' for short) and he submitted his caste certificate issued by the Tahsildar indicating his caste as 'Mogaveera'. On employment, the said caste certificate was to be verified and the matter was before the Caste Verification Committee. The Committee by its order dtd. 9/1/2014 held that the petitioner was not entitled for employment under the reserved category of OBC since his father was a Jain, though his mother, who was a Mogaveera belongs to OBC. The NAL issued notice to the petitioner stating as to why further action should not be taken against the petitioner since false certificate was furnished while seeking employment. The petitioner filed an appeal against the order of the Committee before respondent No.1 and respondent No.1 endorsed the same. Assailing the said order, the writ petition was preferred before this Court in W.P. No.27579/2014 and this Court by its order, remanded the matter for fresh consideration. Respondent No.2, on remand, again rejected the claim of the petitioner. Assailing the said order, the present writ petition is filed.

(3.) The State has filed its statement of objections inter alia contending that the authority has rightly passed the impugned order and on remand, pursuant to the directions of this Court, the respondents have issued notice to the petitioner to produce the materials relating to whether the petitioner has been brought up as per the caste of the mother or not and to produce the relevant material in the said regard. It is contended that the order of respondent No.2 holding that the petitioner belongs to Jain Community is on the basis of the caste of the father and the petitioner does not belong to OBC and cannot take a protection that his mother belongs to Mogaveera community which is an OBC and that the impugned order passed by the respondent is in accordance with law.