ORDER :

V.N. Khare, CJI.

Leave granted.

2. This appeal is directed against the judgment and order dated 8th April, 2003, passed by the High Court of Gujarat, summarily dismissing the writ petition filed by the appellants herein, questioning an order of the Central Administrative Tribunal dated 11th December, 2002, whereby and whereunder the order of the Commissioner, Kendriya Vidyalaya Sangathan dated 10th October, 1997, cancelling the offer of appointment of the respondent herein as Principal in Kendriya Vidyalaya, Rewari, in the State of Haryana was quashed.

3. The basic fact of the matter is not in dispute.

4. The respondent herein worked as P.G.T. (Maths) teacher in Kendriya Vidyalaya, Jammu, from 22nd September, 1981 to 22nd July, 1985. On and from 23rd July, 1985 to 26th June, 1986, he again worked as P.G.T. (Maths) teacher in Kendriya Vidyalaya, Lawrence Road, New Delhi, of the appellants' society. Yet again, from 26th June, 1986 to 26th July, 1994, he worked in Kendriya Vidyalaya, Rewari, Haryana. Thereafter, he had been working in one of the Kendriya Vidyalayas at Kota, Rajasthan. His permanent address is said to be Village Dhani Shobha, P.O., Ahrod, District Mahendragarh in the State of Haryana.

5. It is not in dispute that by a Resolution dated 10th October, 1993, the Ministry of Social Welfare, Government of India, issued a common list of Other Backward Class effected from 8th September, 1993 in relation to fourteen States; wherein Ahirs/Yadavs in the State of Haryana did not find place. Only on 6th August, 1994, the Government of Rajasthan issued a notification in terms whereof the persons belonging to Ahirs/Yadavs were included in the list of Other Backward Classes [for short, "O.B.C."]. The respondent, at the relevant time, as noticed above, was working at Kendriya Vidyalaya, Kota, Rajasthan. Ahirs/Yadavs were included as O.B.C. in four States, including the State of Rajasthan by the Government of India in terms of a Resolution dated 19th October, 1994.

6. An advertisement was issued for appointment for 92 posts of Principals of Kendriya Vidyalayas out of which 25 posts were reserved for O.B.C. candidates. Pursuant to and in furtherance of the said advertisement, the respondent applied for the post as an O.B.C. candidate on 28th March, 1995. Along with the said application, he also annexed a caste certificate showing that he belonged to the O.B.C. category. Relying on the basis of the said certificate produced by him at the Air Force Station, Jamnagar, Gujarat, he was offered an appointment by the appellants herein. However, later on, it was found that the said caste certificate did not satisfy the requirement of law and he had furnished false and inaccurate information and upon concealing his permanent residential address in Haryana.

7. It is not in dispute that so far as the State of Haryana is concerned, at the relevant point of time, Ahirs/Yadavs were not treated as O.B.C. An enquiry was conducted by the District Magistrate wherein it was found that the respondent belonged to the State of Haryana and not the State of Rajasthan and, thus, was not entitled to obtain the said certificate.

8. A show case notice was issued to him on 12th June, 1997 asking him to show cause as to why his appointment should not be cancelled. On consideration of the show cause filed by the respondent and upon taking into consideration the reports of the concerned authorities and further upon giving the respondent an opportunity of personal hearing by an order dated 10th October, 1997, his appointment as a Principal of the Kendriya Vidyalaya Sangathan was cancelled by the competent authority of the appellant.

9. The respondent herein filed an original application before the Central Administrative Tribunal and by an order dated 15th October, 2001, the same was disposed of directing him to prefer an appeal against the said order dated 10th October, 1997; pursuant whereto he preferred an appeal. The appellate authority also gave the respondent a