- (1.) WRIT Petition No.19100 of 2002 filed under Article 226 of the Constitution of India, praying for issuance of a WRIT of Certiorari, to call for the records of the proceedings of the first respondent, dated 21.5.2002 and quashes the same. WRIT Petition No,31795 of 2002 filed under Article 226 of the Constitution of India, praying for issuance of a WRIT of Certiorari, to call for the records of the second respondent No,3750/ADW II/2000, dated 29.4.2002 and quashes the same.) As both these WRIT Petitions have been preferred by the same petitioner, and one WRIT Petition is dependent on the other, both the WRIT Petitions are heard together and disposed of by this common order.
(2.) THE petitioner claims that he belongs to Vetan Community, which has been classified as a Scheduled Caste. THE Tahsildar, Agasteeswaran Taluk issued a Community Certificate in his favour on 21.6.1979 and he was appointed as Tamil Pandit in the first respondent-Papanasam Labour Welfare Association Higher Secondary School, Vikramasingapuram, in June 1990. His father, a retired Central Government Postal Audit Employee, also belongs to the same Community. While so working, the School authorities asked for the said Community Certificate and so, another Community Certificate was obtained by the petitioner on 31.10.1996 issued by the Tahsildar, Agasteeswaram, showing that the petitioner belonged to Vetan Community. It is alleged that while so functioning in the School, the matter was referred by the authorities. The Revenue Divisional Officer conducted an enquiry and submitted a report that the petitioner belonged to Hindu Maravar Community and directed the Tahsildar, Ambasamudram to issue permanent Community Certificate showing that the petitioner belonged to Hindu Maravar Community. Appeal against the said order was dismissed by the District Collector, Tirunelveli, which was also confirmed by the State Scrutiny Committee (the second respondent herein) and the Certificate earlier issued was ordered to be cancelled.
(3.) IN view of the cancellation of the Community Certificate and as the initial appointment of the petitioner was made against a reserved post of Scheduled Caste, the School authorities, vide impugned order dated 21.5.2002, removed the petitioner from the services, which was based on the proceedings of the second respondent-Committee, dated 29.4.2002. In Writ Petition No,31795 of 2002, while the petitioner challenges the proceedings of the second respondent-Committee, dated 29.4.2002 relating to the cancellation of the Community Certificate, in the other Writ Petition in W.P.No.19100 of 2002, the petitioner challenges the order of removal passed by the first respondent-School, dated 21.5.2002.;