( 1 ) THESE two appeals arise out of the common judgmentin Writ Petition Nos. 12403 of 1987 and 5614 of 1988 dated 31st July, 1990 which relate to the same set of facts and hence are disposed of by this common judgment.

( 2 ) THE question that falls for consideration in these appeals is whether a person who has been appointed to a job in a public sector undertaking on the basis of the being a scheduled tribe if is lateron found as not having that status because of subsequent decision of the High Court clarifying that the sect to which he belongs is not a scheduled tribe, his caste certificate can be cancelled, without notice to him, and his appointment which he has held for about 10 years can be terminated, though the appellant did not at any time made any misrepresentation of his status. A few facts necessary to consider the question raised are: on 22-11-1976 a certificate was issued by the Head Mistress of S. R. R. Parishad Multipurpose School, Nuzvid, describing the appellant as belonging to manya Kapu Community. Prior to that, on 6-1-1975, the Government had issued Memo No, 2451-F2/73-15 clarifying that manya Kapu is synonymous with konda Kapu and that Government of India had already been requested to incorporate manya Kapu in the list of Scheduled Tribes and that the Government of India had conveyed its acceptance to include the community as a synonym for kondakapu when the Bill in respect of that will be introduced in the Parliament. On 29-11-11976, the Tahsildar, Nuzvid issued the caste certificate in favour of the appellant as belonging to manya Kapu community which is recoginized as a Scheduled Tribe under the Constitution (Scheduled Tribes) Older, 1966, the Constitution (Scheduled Tribes) Order, 1956/the Constitution (Scheduled Tribes) part c Status Order, 1956. The appellant in pursuance of his application, where he described himself as manya Kapu , was appointed on 7-5-1979 as Junior Engineer in the Respondent-Corporation in the vacancy reserved for scheduled tribes and was promoted thereafter on 25-3-1983 as Assistant Engineer in the reserved category. Prior to the issueof the memoby the Government on 6-1-1975 decisionhas been rendered by this Court in Writ Petition No. 5379 of 1973 on 6-2-1974 holding that manya Kapu is sub-sect of kondakapu which is a Scheduled Tribe. While that judgment was holding the field another decision was rendered by this Court in Writ Appeal No. 864 of 1982 on 18-1-1983, which arose out of Writ Petition No. 5317 of 1982 which had followed the judgment in Writ Petition No. 5379 of 1973, holding manya Kapu as ineligible to be treated as a sub-sect of kondakapu and that no evidence can be led for the purpose unless the community it self mentioned as scheduled tribe in the Scheduled Tribes Order. In reversing the decision in Writ Petition No. 5317of 1982, the Division Bench, in fact, over-ruled the earlier decision in Writ Petition No. 5379 of 1973 rendered on 6-2-1974 though that decision was not referred to by the Bench. Subsequently a letter was addressed by Respondent No. 1 in his letter Rc. No. 920/86-TRI-VC-6, dated 25th June, 1986 to Respondent No. 2 informing that manya Kapu is not a scheduled tribe as per the decision ef the High Court by the Division Bench and the appointment of the appellant being invalid steps should be taken against him. A charge memo was issued by Respondent No. 2 on 6-6-1987 alleging that the appellant had produced false caste certificate on the basis of which he had been offered the job as a scheduled tribe and that he should show cause for having made a false declaration and had thereby contravened the conduct Rules. The appellant submitted his explanation on 1-8-1987 to have not given any false declaration and claiming that the certificate issued to him was genuine. On 22-8-1987 the appellant filed Writ Petition No. 12403 of 1987 questioning the letter issued by Respondent No. 1 on 25th June, 1986 and the charge m