N SEKAR Vs. DIRECTOR OF MEDICAL EDUCATION

JUDGEMENT

(1.) PETITION filed under Article 226 of the Constitution of India praying to issue a tacit of certiorarified mandamus to quash the order of dismissal from smite passed by the second respondent herein in his Prot. No.15496/A2(2)/98 dated 05.05.1998 and the consequential order of the first respondent herein in his Na.Ka. No,86658/CMP2/2/98 dated 29.4.1999 and consequently direct the respondents herein to reinstate the petitioner in service with all consequential benefits.)1. Prayer in the Writ PETITION is to quash the order of termination passed against the petitioner by the second respondent dated 05.05.1998 and the order passed by the first respondent in the Appeal dated 29.04.1999 and consequently direct the respondents to reinstate the petitioner in service with consequential benefits.

(2.) THE case of the petitioner is that on 02.12.1994, he was appointed as temporary Barber under the Tamil Nadu Basic Service Rules in Kilpauk Medical College Hospital and he joined duty on 5.12.1994. At the time of selection, the petitioner's relatives produced a School Certificate showing that the petitioner has passed eighth standard in a recognised school. According to the Petitioner, the qualification required as per Special Rule for appointment as Barber is a Pass in 5th standard and the petitioner has also passed 5th standard. THE School Certificate produced at the time of joining the service viz., pass in 8th standard was sent to the District Elementary Educational Officer, Vellore for verification and a report was also submitted by the District Elementary Educational Officer, Vellore stating that the said Certificate was a bogus one.

(3.) THE petitioner has also impleaded the District Elementary Educational Officer, Vellore as a party/respondent. This Court on 16.04.2009 directed the learned Additional Government Pleader to get instructions from the District Elementary Educational Officer, Vellore and to find out as to whether the petitioner's 5th Standard Certificate issued by the Panchayat Union Elementary School, Chitteri Village, Arakonam Taluk is a genuine one or not. THE District Elementary Educational Officer, Vellore sent a communication to the learned Additional Government Pleader on 22.04.2009 stating that he went to the Panchayat Union Elementary School, Chitteri Village, Arakonam Taluk and found that the petitioner studied in the said school from 19.7.1976 with Regn. No.1583 and he passed 5th standard on 01.05.1982 and the certificate produced by the petitioner stating that he has passed 5th standard is genuine.