K. Balakrishnan Nair, J.

O.P. No. 11925 of 1998

The petitioner who got employment under the Government as a member of the Scheduled Tribe is now told by the competent authority by Ext. P50 order that he is not a member of the Scheduled Tribe and therefore he should quit the post and refund the salary received by him. Aggrieved by the same, the petitioner has filed this Original Petition. The brief facts necessary for the disposal of the case are the following.

2. The Public Service Commission by Ext. PI notification dated 30.8.1983 invited applications for appointment to the post of Under Secretary in the Finance Department in the Government Secretariat. It was a special recruitment for the members of the Scheduled Caste/Scheduled Tribe. The petitioner was duly qualified for appointment to the post and he applied for the post as a member of the Scheduled Tribe. He was selected and advised by the Public Service Commission as per Ext. P2 advice memo dated 29. and the Government as per Ext. P3 order dated 29. appointed him as Under Secretary in the Finance Department. Ext. P22 dated 11. is the caste certificate issued by the Tahsildar, Ranni, certifying that the petitioner b