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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 challenged the authority of the Scrutiny Committee before the High Court but subsequently participated in the proceedings and entered appearance through counsel and submitted the documentary evidence in support of his claim of being Scheduled Caste before the Committee. The appellant submitted 117 documents. The Scrutiny Committee by an order dated 18.11.1995 rejected the claim of the appellant in a well considered and elaborate order. The appellant challenged the order of the Scrutiny Committee in the High Court of Kerala in O.P. No. 963 of 1996. The petition was dismissed by the Division Bench on 26.2.1997 by a reasoned order. The order of the Scrutiny Committee was upheld. The special leave petition bearing No. 11199 of 1997 filed against the order of the High Court was dismissed on 1.5.1998. The review petition in the order of the SLP was also dismissed on 12.8.1998.

The High Court by the impugned order accepted the writ petition and reversed the order of the Central Administrative Tribunal. It was held that the question regarding the caste status of the appellant stood settled in the earlier proceedings upto this Court and was no longer debatable. The competent authority had found that the appellant did not belong to Scheduled Caste. The very basis of his appointment was taken away. Since his appointment was no appointment in the eye of law, the appellant could not claim any right to the post to which he was appointed on the basis of a false caste certificate thereby usurping the post meant for a Scheduled Caste. It was held that the appellant would not be entitled to the protection provided under Article 311 of the Constitution of India as well as the Rules framed thereunder. The High Court relied upon the judgment of this Court in Kumari Madhuri Patil's case (supra). After the judgment of the High Court the appellant was removed from service by an order dated 12.10.2000. Aggrieved against the said order the present appeal has been filed.

At the admission stage notice was issued on the contention raised by the counsel for the appellant that the decision of this Court in Kumari Madhuri Patil's case (supra) required reconsideration in so far as it directs that "admission or appointment can be cancelled without notice to the candidate" being contrary to the provisions of Article 311 of the Constitution of India. Later on 19.2.2002 it was suggested to the Court that the order of dismissal be substituted by an order of compulsorily retiring the appellant or an order of removal from service to protect the pensionery benefits as he had rendered about 27 years of service. This was not accepted by the respondents.

Another point argued by the learned senior counsel for the appellant was that the law laid down by this Court in Kumari Madhuri Patil's case (supra) would be operate prospectively and could not be applied in the case of the appellant. We do not find any substance in this submission as well. The judgment in Kumari Madhuri Patil's case (supra) was delivered on 2.9.1994. Inquiry against the appellant had started in the year 1988 by KIRTADS. Report of the Inquiry Committee is dated 11.4.1994. Report of the Scrutiny Committee is dated 18.11.1995. The order of removal from service is dated 11.10.2000. Keeping in view the fact that the order was passed subsequent to the order of this Court it cannot be held that the law laid down in Kumari Madhuri Patil's case (supra) is being applied retrospectively. Because of this decision cases which were concluded prior to the judgment of the Court are not being reopened. Procedure/Rule laid down in Kumari Madhuri Patil's case (supra) is being applied to a case in which fraud was detected after the judgment.