Genuineness of educational certificates and eligibility for employment under relevant service rules.

1. Prayer in the Writ Petition is to quash the order of termination passed against the petitioner by the second respondent dated 05.05.1998 and the order passed by the first respondent in the Appeal dated 29.04.1999 and consequently direct the respondents to reinstate the petitioner in service with consequential benefits.

2. The case of the petitioner is that on 012. 1994, he was appointed as temporary Barber under the Tamil Nadu Basic Service Rules in Kilpauk Medical College Hospital and he joined duty on 12. 1994. At the time of selection, the petitioners relatives produced a School Certificate showing that the petitioner has passed eighth standard in a recognised school. According to the Petitioner, the qualification required as per Special Rule for appointment as Barber is a Pass in 5th standard and the petitioner has also passed 5th standard. The School Certificate produced at the time of joining the service viz., pass in 8th standard was sent to the District Elementary Educational Officer, Vellore for verification and a report was also submitted by the District Elementary Educational Officer, Vellore stating that the said Certificate was a bogus one.

3. Charge memo was framed under Rule 17(b) of the Tamil Nadu Civil Service (Discipline and Appeal) Rules for having produced a false certificate and obtained job. The petitioner submitted his explanation and opted for oral enquiry. In his explanation, the petitioner submitted that he has passed 5th standard and the relatives have misled him and produced the above 8th Standard Certificate at the time of interview. Oral enquiry was conducted and the charge was proved and based on the Enquiry Report, the petitioner was dismissed from service by order dated 13.08.1996. The said order was challenged in O.A. No.5184 of 1996 before the State Administrative Tribunal. The Tribunal by order dated 07.08.1997, set aside the said order on the ground of not giving reasonable opportunity before passing the order of dismissal namely furnishing the Enquiry Report and not getting the remarks of the petitioner. Thereafter, report was furnished to the petitioner and he has also submitted his remarks on 12. 1997. The second respondent by order dated 5. 1998 passed final orders, dismissing the petitioner from service. The petitioner challenged the said order, by filing Appeal before the first respondent, which was also rejected on 24. 1999. The said orders are challenged in this Writ Petition by contending that as per Rule 5(2) of the Special Rules for the Tamil Nadu Basic Service, every person appointed as a Barber should be able to read and write Tamil and the petitioner having passed 5th standard in a recognised school, he is eligible to be appointed as Barber and therefore, the dismissal order passed against the petitioner is to be set aside with consequential benefits.

4. The respondents have filed a counter stating that the petitioners 8th Standard Certificate having been found to be bogus, enquiry was conducted and the petitioner was terminated from service. The petitioner has filed a further affidavit dated 30.03.2009 and stated that the petitioner has passed 5th standard in a recognised school and he is fully qualified for being appointed as a Barber and if the impugned orders are set aside, the period in which he was kept out of employment may be taken into account for continuity of service for the purpose of future benefits in pay after his retirement, no backwages for the period from 05.05.1999 till the date of the decision of this Court will be claimed.

5. The petitioner has also impleaded the District Elementary Educational Officer, Vellore as a party/respondent. This Court on 16.04.2009 directed the learned Additional Government Pleader to get instructions from the District Elementary Educational Officer, Vellore and to find out as to whether the petitioners 5th Standard Certificate issued by the Panchayat Union Elementary School, Chitteri Village, Arakonam Taluk is a genui