HC upholds NLC order cancelling appointment

The Madras High Court today upheld a Neyveli Lignite Corporation order cancelling the appointment of a candidate observing that a person who seeks to pass off as a ST community member for which reservation is meant, constitutes a "fraud" on the Constitution.
"It is also a fraud on the statutes which implement the provisions of the Constitution besides a fraud on the state policy," a division bench of Justice K K Sasidharan and Justice P Velmurugan said, citing a Supreme Court judgment.
The NLC had challenged a single judge order upholding the appointment of S Mahesh.
The matter relates to the NLC calling for candidates through district employment exchanges on September 7, 1987 for filling the posts of Diploma Engineer Trainee (Electrical), under various categories.

Mahesh was sponsored under the Scheduled Tribe (ST) quota. He was appointed on production of a photocopy of a community certificate stating that he belonged to the ST Hindu Kondareddy community.
An undertaking was also given to produce the original at a later stage.

The NLC appointed him stating that the appointment was against the vacancy earmarked for ST candidates and the original certificate must be produced before the completion of the training.
The NLC issued an appointment order on January 28, 1988 clearly mentioning that the appointment was against the vacancy earmarked for the ST candidates and he must produce the original certificate before the completion of the training.

The disciplinary proceedings were initiated when he failed to produce the certificate.
Mahesh then said he never claimed he was a ST candidate and he was appointed as a general candidate.
The NLC made it clear that he would be treated as a general candidate henceforth, and would not be eligible for availing special benefits extended to the reserved category candidates.
Mahesh moved an appeal before the appellate authority but it was dismissed, following which he filed a petition before the high court.
A single judge allowed the petition in favour of Mahesh against which the NLC filed the appeal.

Allowing it and setting aside the single judge order, the court today said since it is the admitted case of the respondent that he does not belong to the scheduled tribe community, it cannot be said that the NLC was not correct in declaring his appointment as "void ab initio" (to be treated as invalid from the outset).
The respondent made a fraudulent entry in the proforma while joining service that he belonged to the ST community, the bench said.
Even in the proforma submitted to the NLC in 1987, a false entry was made by him that he belonged to the ST community.

"The appointment order dated January 28, 1988 contains a clear statement that in case any of the particulars are later found to be incorrect, the NLC is at liberty to terminate the services without issuing notice."
It was only this right which was later invoked by the higher authority to declare that the appointment of the respondent was void ab initio, the court said.
The NLC chairman-cum-managing director had filed the appeal.