SURENDRAN Vs. POST MASTER GENERAL KERALA

JUDGEMENT

(1.) In this original petition the petitioner who was undergoing training as Technician candidate in the Circle Telecommunication Training Centre, Trivandrum with effect from 5-2-1973 questions the orders Exts. P5 and P6 by which it has been said that the petitioner belongs to Hindu Araya community and he has no right to get selection for the training on the basis he is a Scheduled Tribe candidate and discharging him from the Circle Training Centre, Trivandrum forthwith. It is stated therein that on enquiry through the District Collector, Alleppey it has been found he is belonging to the Hindu Araya community. The petitioner has got selection against the quota of vacancies reserved for Scheduled Tribe. According to him, and this is supported by the entries in his S.S.L.C. book and various other certificates, he belongs to the Mala Araya community. Though it is stated in Exts. P5 and P6 and in the counter affidavit filed on behalf of the 3rd respondent that on enquiry conducted through the District Collector it has been found that the petitioner belongs to the Hindu Araya community, nothing has been revealed to me which would indicate that an enquiry was conducted in the matter with due notice to the petitioner for coming to such conclusion. The counter affidavit filed on behalf of the District Collector states:

(2.) I am still in the dark as to what are the enquiries conducted and at what time those enquiries were conducted and whether notice was given to the petitioner in the matter. In the light of these I have to hold that Exts. P5 and P6 are illegal and ultra vires as violative of the principles of natural justice and they are set aside.

(3.) It may be noted that during the pendency of the original petition by an interim injunction issued by this Court, the petitioner was allowed to complete his training as Technician candidate in the Circle Telecommunication Training Centre, Trivandrum. In view of the conclusion that I have arrived at it has to be taken that the petitioner has completed his training properly. His selection for training as a 'Mala Araya' is legal and proper on the basis of this declaration. Further steps can be taken by respondents 1 and 2 for absorbing him in service if he is otherwise entitled.