R. VISHWANATHA PILLAI versus STATE OF KERALA AND ORS.

Citation: [2004] 1 S.C.R. 360 · Decided: 07-01-2004 · Supreme Court of India · Bench: V.N. KHARE

Cited by 4 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
R. VISHWANATHA PILLAI 
\-'\ 
v. 
ST A TE OF KERALA AND ORS. 
JANUARY 7, 2004 
.
.. 
B [V.N. KHARE, CJ., ASHOK BHAN AND DR. AR. LAKSHMANAN, JJ.]. 
Service Law: 
'f 
c 
Constitution of India, /9j0; Article 31//All India Services Act, 1951; 
Section 3(1)/All lndia Services (Discipline and Appeal) Rules, 1969; Rules 6, 
7(1)(2): 
Appointment of appellant against a post reserved for Scheduled Caste 
allegedly on the bas1s of a false certificate-Challenge to-Anthropological 
D enquily reveals that he does not belongs to Scheduled Caste community-
Affirmed by the Scrutiny Committee and the High Court-SLP/Review Petition 
dismissed by the Supreme Court. 
Termination of services of incumbent without following due procedure-
~ ,, 
Challenge allowed by CAT holding that service of the appellant be not 
E terminated without complying with the procedure laid down under Article 311 
of the Constitution and Rules-Reversed by the High Court-On appeal, Held: 
Appointment of the incumbent cancelled not on the ground of misconduct but 
on the findings that he does not belongs to Scheduled Caste community-
Constitutional safeguard provided in terms of Article 311 of the Constitution 
have been followed-Rules 617 of the Rules complied with-Since caste 
F certificate found to be false, appointment of the incumbent was no appointment 
in the eyes of law-He usurped the post meant for a reserved candidate-
y 
Hence, he cannot claim such right which accrues to a Government Servant by 
virtue of holding a post in the Government service within the meaning of 
.. 
Article 311 of the Constitution-Jn the facts and circumstances of the case, he 
G cannot plead equity nor the Court could examine it, nor he could claim his 
salary/pension since such right flows from a valid and legal appointment. 
Educational Institution-Reservation-Admission against reserved 
quota-Non declaration of result 011 completion of the course-Challenge 
.,,. 
to-Held: Since Caste Certificate was cancelled, incumbent cannot be allowed 
H 
360 
R.V. PILLAI v. STATE 
361 
to take any benefit jlo1ri11g fi"om Caste Certificate-He would be treated as a A 
person helonging to general ca1eg01;·-However, non-declaration of result 
not going to affect the other party adversely-Hence, result may be declared. 
Appellant was appointed as Assistant and later promoted as Deputy 
Superintendent of Police against the posts reserved for Scheduled Caste B 
allegedly on the basis of false caste certificate. On receipt of a complaint, 
State Government ordered anthropological enquiry into the caste status 
of the appellant by the Kerala Institute for Research, Training & 
Development Studies of Scheduled Caste & Scheduled Tribes (KIRT ADS). 
KIRTADS found that the appellant did not belong to Scheduled Caste 
community. Later, pursuant to the judgment of the Supreme Court on C 
similar issue in Kumari Madhur Patil v. Additional Commissioner, 119941 6 
SCC 241, State Government constituted a Scrutiny Committee and 
referred the enquiry into the caste status of the appellant to the Committee. 
The Committee rejected the claim of the appellant. Aggrieved, appellant 
filed a petition which was dismissed by the High Court. The Special leave 
Petition and thereafter review petition was dismissed by the Supreme L' 
Court. 
In the meanwhile, appellant filed 0.A. before the Central 
Administrative Tribunal seeking direction to the State Government 
restraining them to terminate his services as per the proceedings of the E 
Scrutiny Committee and without complying with the conditions laid down 
under Article 311 of the Constitution and the provisions of All India 
Service (Discipline and Appeal) Rules. Central Administrative Tribunal 
allowed the petition. Hence the present appeal. 
Son of the appellant (appellant in the connected appeal No.90/2004) F 
took admission in a Regional Engineering College against reserved quota. 
The Scrutiny Committee, constituted by the State Government, pursuant 
to the directions of the Supreme Court in a case on the same issue, 
cancelled the community certificate issued to him and consequently his 
admission was cancelled. He filed writ petitions for issuance of directions 
to the college authorities to permit him to appear in the examination. High G 
Court allowed the petitions subject to the condition that result should not 
be published without obtaining further orders on the subject. Later, Writ 
petition as well as review petition was dismissed by the High Court.

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