A JAYAKUMAR Vs. CHAIRMAN STATE LEVEL COMMITTEE

JUDGEMENT

(1.) THE writ petition W. P. No. 786 of 2002 has been filed by the petitioner against the Government praying to issue a Writ of Certiorari praying to call for the records of the first respondent in Proceedings no. 25322/adw 2/2000-2 dated 20. 09. 2001, and the records of the second respondent in No. P3/30677/98 dated 20. 07. 2000 and to quash the same, as illegal.

(2.) THE writ petition W. P. No. 10844 of 2001 has been filed against the Life Insurance Corporation of India praying to issue a writ of certiorarified Mandamus to call for the records of the second respondent in P. & I. R. /d. O. II dated 11. 08. 2000, and the records of the first respondent in s2/ir/3542 dated 24. 11. 2000 and quash the same as illegal and consequently direct the respondents to reinstate the petitioner in service with continuity of service and attendant benefits.

(3.) DURING arguments, learned counsel appearing on behalf of the respondents-Life Insurance Corporation reiterating the facts extracted supra would rely on the decisions reported in AIR 1995 SC, 94 (MATHURI PATIL v. ADDITIONAL COMMISSIONER TRIBAL DEVELOPMENT) and another in AIR 1995 SC 1506 (DIRECTOR OF TRIBUNAL WELFARE, GOVERNMENT OF ANDHRA PRADESH v LAVETI GIRI AND another) to show that the Supreme Court has formulated certain guidelines to be followed in the matter of community certificate cases. In paragaraph 15 at page 1511 is extracted below: "as soon as the findings is recorded by the Scrutiny committee holding that the certificate obtained was false, on its cancellation and confiscation simultaneously, it should be communicated to the educational institution concerned or the appointing authority by registered post with acknowledgment due with a request to cancel the admission of the appointment. The Principal etc. of the educational institution responsible for making the admission or the appointing authority, should cancel the admission/appointment without any further notice to the candidate and debar the candidate from further study or, continue in office in a post".