IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 MFA.No. 646 of 2003() --------------------- AGAINST THE PROCEEDINGS DATED 24/07/2003 IN. IN NO..14725/G1/2000/SCSTDD of SCRUITINY COMMITTEE FOR VERIFICATION OF COMMUNITY CERTIFICATE, THIRUVANANTHAPURAM. .................... APPELLANT(S): -------------- C.VELAYUDHAN, IRIPRAKKUNIL HOUSE, PERAVOOR P.O. KANNUR 670 673. BY ADVS. SRI.T.R.HARIKUMAR SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, SC/ST/DEV(G)DEPARTNMENT, SECRETARIAT, TRIVANDRUM. 2. SCRUTINY COMMITTEE FOR VERIFICATION OF COMMUNITY CERTIFIATE, TRIVANDRUM, REP. BY ITS CHAIRMAN, SC/ST.DEVELOPMENT (G) DEPARTMENT, TRIVANDRUM. BY SPL. GOVERNMENT PLEADER SRI. SANTHOSH FOR R1 & R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 24/11/2008, THE COURT ON 18/12/2008 DELIVERED THE FOLLOWING: ORDER IN I.A. NO. 2142 OF 2003 IN M.F.A. NO. 646 OF 2003. DISMISSED 18.12.2008 Sd/-(C.N. RAMACHANRAN NAIR, JUDGE) Sd/-(HARUN-UL-RASHID, JUDGE) C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.F.A. NO. 646 OF 2003 --------------------------------------------------------- Dated this the 18th day of December, 2008 JUDGMENT Harun-Ul-Rashid, J. The appellant challenges Annexure-VI proceedings of the Scrutiny Committee set up for verification of community certificates. 2. The State of Kerala vide GO(Rt) No.221/93/SCSTDD dated 17.4.1993 declared that the appellant and his family did not belong to Adi Andhra which is a scheduled caste community, but they are members of Kumbaran (O.E.C.)community. As directed by this Court in the judgment in O.P. No.7205 of 1995, the Scrutiny Committee conducted an enquiry and passed the impugned order. The Scrutiny Committee heard the claimant and his counsel and examined the documents submitted by them. The committee also examined the anthropological report of KIRTADS on the real caste status of the claimant and finalised the report after M.F.A. NO. 646/2003 2 conducting investigation into two to three ascending and collateral generations of the claimant. The report shows that the claimant belong to Kumbaran caste. Details of the report is discussed by the Scrutiny Committee in paragraph 3 at pages 1 and 2 of Annexure-VI. The Scrutiny Committee also considered the enquiries conducted by the revenue authorities which reveal that during the late 1960s, a section of the Kumbaran community started infiltrating into the fold of Adi Andhra for grabbing the benefit meant for Scheduled Castes. The Scrutiny Committee is satisfied that the claimant belongs to Kumbaran community. The Committee also found that the claimant could not satisfactorily explain the Kumbaran caste entry in the school admission register in respect of his siblings and himself. The Scrutiny Committee examined the matter and correctly applied the legal principles laid down by the Apex Court in caste related cases. 3. The appellant was appointed as a Lower Division Clerk, as per the advise of the the Public Service Commission, in the Principal Agricultural Office, Kasaragod on 10.9.1985. Counsel appearing for the appellant attacked the impugned order stating that the said order was passed mainly on the report of KIRTADS which was prepared behind the back of the appellant. It is also submitted that there is no basis for the finding that M.F.A. NO. 646/2003 3 Kumbarans infiltrated into Adi Andhra and that caste status have been changed accordingly. The appellant relied on Annexures-II, III, IV and V in support of his contentions. 4. The Scrutiny Committee relied on the materials, facts and circumstances and the reports in order to arrive at the conclusion. It is not correct to say that the Scrutiny Committee passed orders solely on the basis of the report of KIRTADS. The facts, circumstances and materials go to show that the appellant who secured job as a Lower Division Clerk does not belong to Adi Andhra, a Scheduled Caste, but he is a member of Kumbaran community which is an O.E.C. community. The decision of the Scrutiny Committee to reject the claim of the appellant and to cancel all the Scheduled Caste certificates secured by him and the members of his family is valid. The Scrutiny Committee which is empowered to evaluate the evidence placed before it considered the same objectively and passed the impugned order. The Committee also applied its mind to all the relevant facts before entering a finding. We find no reason to take a different view. The appeal is without merit and it is accordingly dismissed. There will be no order as to costs. However, we notice that the appellant is M.F.A. NO. 646/2003 4 working as a Lower Division Clerk as per the advise of the Public Service Commission in the Principal Agricultural Office, Kasaragod from 10.9.1985. Having regard to the facts and circumstances of the case, we direct the Government not to realise the salary paid to the appellant for the period he had worked . (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.F.A. NO. 646/2003 5 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.F.A. NO. 646/2003 JUDGMENT 18th December, 2008 M.F.A. NO. 646/2003 6