JUDGMENT:

O R D E R

K.G.BALAKRISHNAN, CJI. -- Leave granted. Heard learned counsel for both sides.

2. The first respondent, who claimed that he belonged to a Scheduled Tribe Halba, was appointed as an Assistant Professor of Psychiatry in G. B. Pant Hospital, New Delhi, in a post reserved for Schedule Tribes, vide O.M dated 21.6.1990 of the Ministry of Health & Family Welfare, subject to caste status verification. He joined duty on 20.9.1990. One of the conditions subject to which he was offered appointment was that if any declaration given or information furnished by him was proved to be false, he will be liable for removal from service and other action which the government may deem appropriate. His claim that he belonged to a Scheduled Tribe was referred for verification. The Tehsildar Mohadi, on verification, sent a communication on 9.5.1991 that first respondent did not belong to Halba community. As first respondent questioned the report of the Tehsildar and asserted that he belonged to Halba tribe, his claim was referred to the Tribal Research & Training Institute, Pune for verification on 16.10.1992. On 6.3.1999, the Scrutiny Commit