Appointments and admissions based on false caste certificates are void from their inception, and individuals who obtain positions through fraudulent means cannot claim the protection provided under Article 311 of the Constitution. The court emphasized the need for prompt action to weed out such individuals and clarified the applicability of Article 311 in cases of fraudulent appointments.

JUDGMENT :

1. Leave granted.

2. This judgment shall dispose of both the Civil Appeals bearing Civil No.89 of 2004 (arising out of SLP ) No. 18503 of 2000) and Civil Appeal No.90 of 2004 (arising out of SLP) No. 12261 of 2001), arisen from a common order dated 28.7.2000 passed by the High Court of Kerala. The former has been filed by R. Vishwanatha Pillai challenging the order of the High Court wherein the High Court has set aside the order of the Central Administrative Tribunal in which a direction was issued to the State not to remove the appellant from service without complying with the provisions of Article 311 of the Constitution and the rules framed thereunder. High Court held that the appellant was not entitled to the protection provided under Article 311 of the Constitution and the Rules framed thereunder as the appellant had obtained appointment on the basis of false caste certificate and would be deemed not to have been appointed to the service validly ever. The second appeal has been filed by his son Vimal Ghosh V. whose admission to the Regional Engineering College, Calicut has been cancelled on the basis that he obtained admission to the College against the seat reserved for a Scheduled Caste on the basis of false caste certificate. After the passing of the order by the High Court, an order removing the appellant from service was passed on 11.10.2000 by the appointing authority.

3. We shall take up the Civil Appeal No.89 of 2004 (arising from the SLP) No. 18503 of 2000) first and shall deal with the other appeal separately.

4. In the school record the caste of R. Vishwanatha Pillai (hereinafter referred to as "the appellant") was recorded as "Veduvar Pillai". His father was one Radhakrishna Pillai. He was a "Nair" by caste. His mother’s caste was "Veduvar Pillai". "Nair" as well as "Veduvar Pillai" are forward castes. The caste of his brother and other two sisters in the school record was also recorded as belonging to forward caste. Appellant obtained a community certificate on 14.10.1969 from the Tahsildar, Ambalappuzha stating that he was a member of the "Vettuvan" community. On the basis of this certificate he was able to get an appointment as Assistant in the Legislative Secretariat in the year 1973 against a post reserved for Scheduled Caste. In the year 1977 he was selected as direct recruit to the post of Deputy Superintend of Police against a seat reserved for Scheduled Caste on the basis of caste certificate obtained by him. He was subsequently promoted and included in the cadre of Indian Police Service (IPS). The Government of Kerala on the basis of a complaint received, ordered a full fledged anthropological enquiry into the caste status of the appellant. It was alleged that the appellant did not belong to the Scheduled Caste and had usurped the post meant for Scheduled Caste. The preliminary investigation was conducted by the Kerala Institute for Research, Training & Development Studies of Scheduled Caste and Scheduled Tribes (for short "KIRTADS") which is a department under SC/ST Development Department which conducts anthropological investigation into the caste status of individual, whenever it is doubted. The appellant was served with a notice. He participated in the enquiry conducted by the KIRTADS and during the enquiry (1992) the appellant claimed that he belonged to "Kuruvan" community which is also a Scheduled Caste community as per the Scheduled Caste order of Kerala. KIRTADS after examining both the oral and documentary evidence submitted a report stating that the appellant did not belong to Scheduled Caste community, as claimed.

5. Pursuant to the judgment of this Court in Kumari Madhuri Patil Vs. Additional Commissioner, 1994 (6) SCC 241, the Government of Kerala constituted a Scrutiny Committee by a notification dated 8.5.1995. The enquiry into the caste status was referred to the said Scrutiny Committee. The appellant was duly notified by the said Scrutiny Committee. Initially, the appellant cha