IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 WA.No. 1121 of 2008() ------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.34432/2007 Dated 01/04/2008 .................... APPELLANT: 1ST RESPONDENT --------------------- KERALA AGRICULTURAL UNIVERSITY, REP. BY ITS REGISTRAR, MANNUTHY, THRISUR BY ADV. SRI.RENJITH THAMPAN RESPONDENTS: PETITIONER AND RESPONDENTS 2 AND 3 ------------------------- 1. V.CHELLAMMA, ADMINISTRATIVE OFFICER GR.II, COLLEGE OF CO.OPERATION, BANKING AND MANAGEMENT, VELLANIKKARA. 2. THE DISTRICT COLLECTOR, PALAKKAD 3. THE REVENUE DIVISIONAL OFFICER, O/O.THE REVENUE DIVISIONAL OFFICER, PALAKKAD. BY SPL. GOVERNMENT PLEADER SRI.P.SANTHOSHKUMAR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- W.A.No.1121 OF 2008 ------------------------------------- Dated 3rd June, 2008 JUDGMENT Koshy,J . The writ petitioner was appointed as Assistant Grade – II in the Kerala Agricultural University in the scheduled caste reservation quota as she produced caste certificate that she belongs to `Thandan' community. According to the petitioner, as decided by the Supreme Court in Palghat Jilla Thandan Samudhaya Samrakshana Samithi and another v. State of Kerala (1994 (1) KLT 118 (SC)), Thandan community in the State of Kerala whether they were residing at Malabar or anywhere are entitled to the benefits of Scheduled Castes. The Hon'ble Supreme Court directed the State Government to grant to all members of the Thandan community, including those belonging to the erstwhile Malabar District and the Palghat District, the benefits due to a Scheduled Caste included in the Schedule to the Constitution Scheduled Castes Order as amended upto date and to issue to them community certificates accordingly. The Supreme Court also categorically held that it is not open to the State Government or the Supreme Court to embark upon an enquiry to determine whether a section of Ezhavas/Thiyyas W.A.1121/2008 2 which was called Thandan in the Malabar area is excluded from the benefits of the Scheduled Castes Order. Only in 2007 the schedule was amended excluding Ezhavas and Thiyyas which were called Thandans in Malabar area from the benefits of the Scheduled Castes Order. Any benefits granted before the amendment cannot be taken away. In any event, the petitioner obtained the caste certificate as Thandan and on that basis she was appointed. She was continuing in service and after about more than two decades, University suspended her service stating that she produced forged certificate. But, caste certificate was not changed or cancelled by the statutory authority. It is now submitted by the Government Pleader that University has referred the matter to KIRTADS. Unless the caste certificate is cancelled as provided under the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act,1996, no action can be taken and, therefore, we fully agree with the learned single Judge. The appeal is dismissed. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks