IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 OP.No. 1464 of 2003(Y) -------------------------------- PETITIONERS: -------------------- 1. N. SIVANANDAN, SUB POST MASTER, CHAVARA, RESIDING AT "SIVASMRITHI", S.V. MARKET P.O., KARUNAGAPPALLY, KOLLAM DISTRICT. 2. S. BINU MAHID, EXTRA DEPARTMENTAL BRANCH POST MASTER, CHERIYAZHEEKKAL, RESIDING AT "SIVASMRTHI", S.V. MARKET P.O., KARUNAGAPPALLY, KOLLAM DISTRICT. 3. SUNU MAHID, RESIDING AT "SIVASMRITHI", S.V. MARKET P.O., KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADV. SRI.S.M.PREM, SMT.K.P.SANTHI, SRI.P.RAMACHANDRAN, SRI.GEEN T.MATHEW. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM 2. THE SCRUTINY COMMITTEE FOR VERIFICATION OF COMMUNITY CERTIFICATES CONSTITUTED UNDER THE KERALA (SCHEDULED CASTES AND SCHEDULED TRIBES) REGULATION OF ISSUE OF COMMUNITY CERTIFICATES ACT, 1996, REPRESENTED BY ITS CHAIRMAN AND SECRETARY, SC/ST DEVELOPMENT DEPARTMENT, THIRUVANANTHAPURAM. O.P. NO. 1464/2003-Y: 3. COMMISSIONER FOR ENTRANCE EXAMINATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001. 4. THE CHIEF POST MASTER GENERAL, KERALA CIRCLE, THIRUVANANTHAPURAM. 5. THE SENIOR SUPERINTENDENT OF POST OFFICES, KOLLAM DIVISION, KOLLAM-1. 6. THE TAHSILDAR, KARUNAGAPPALLY. 7. THE TAHSILDAR, KUTTANAD. SPL. GOVT. PLEADER SRI. SANTHOSH KUMAR FOR R1,R2,R3,R6 & R7. SRI.P.PARAMESWARAN NAIR,ASST.S.G FOR R4 & R5. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 17/09/2008, ALONG WITH O.P. NOS. 18446/1997, 8713/1998 & 36678/2002, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 1464/2003-Y: ORDER ON C.M.P. NO. 2601/2003 & I.A. NO. 2878/2003 IN O.P. NO. 1464/2003-Y DISMISSED SD/- K. BALAKRISHNAN NAIR, JUDGE, 17/09/2008. SD/- M.C. HARI RANI, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE DTD. 27/07/1973 ISSUED BY THE R.7 TO THE P.1. EXT.P.2: COPY OF THE RELEVANT PAGE OF THE S.S.L.C. BOOK PERTAINING TO THE P.2. EXT.P.3: COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE R.6 TO THE P.2. EXT.P.4: COPY OF THE RELEVANT PAGE OF THE S.S.L.C. BOOK PERTAINING TO THE P.3. EXT.P.5: COPY OF THE COMMUNITY CERTIFICATE DTD. 30/06/1999 ISSUED TO THE P.3. BY THE R.6. EXT.P.6: COPY OF THE COMMUNITY CERTIFICATE DTD. 23/04/2001 ISSUED TO THE P.3. BY THE R.6. EXT.P.7: COPY OF THE REPRESENTATION DTD. 08/06/2001 OF THE P.3. TO THE R.3. EXT.P.8: COPY OF THE REPRESENTATION DTD. 19/07/2001 OF THE P.3. TO THE R.3. EXT.P.9: COPY OF THE ORDER NO. B3/1006/2001/CEE DTD. 10/08/2001 OF THE R.3. EXT.P.10: COPY OF THE PENSION PAYMENT ORDER OF THE LATE SRI. A.V. KUMARAN. EXT.P.11: COPY OF THE RELEVANT EXTRACT OF THE SCHOOL ADMISSION REGISTER RELATING TO TO SRI. BHASKARAN (1937). EXT.P.12: COPY OF THE COMMUNITY CERTIFICATE ISSUED TO SRI. BHASKARAN ON 25/04/1955. EXT.P.13: COPY OF THE CERTIFICATE ISSUED TO SRI. BHASKARAN BY THE JUDICIAL MAGISTRATE, 1ST CLASS, KANJIRAPALLY ON 12/12/1974. EXT.P.14: COPY OF THE FIR IN CRIME NO. 401/93 AGAINST SRI. BHASKARAN OF VAIKOM POLICE STATION. EXT.P.15: COPY OF THE REFER CHARGE SHEET IN CRIME NO. 401/93. EXT.P.16: COPY OF THE RELEVANT EXTRACT OF THE SCHOOL ADMISSION REGISTER OF SRI. CHAKRAPANI. EXT.P.17: COPY OF THE RELEVANT EXTRACT OF THE SCHOOL ADMISSION REGISTER OF SMT. K. PADMAVATHY. O.P. NO. 1464/2003-Y: EXT.P.18: COPY OF THE RELEVANT EXTRACT FROM THE SCHOOL ADMISSION REGISTER OF SMT. PRASANNAKUMARI. EXT.P.19: COPY OF THE RELEVANT EXTRACT FROM THE SCHOOL ADMISSION REGISTER OF SMT. LEELAKUMARI. EXT.P.20: COPY OF THE ORDER IN C.M.P. NO. 32989/1997 IN O.P. NO. 18446/1997. EXT.P.21: COPY OF THE SHOW CAUSE NOTICE DTD. 10/08/2000 OF THE R.1. ISSUED TO THE P.1. EXT.P.22: COPY OF THE ALLEGED REPORT OF THE VIGILANCE CELL, KIRTADS. EXT.P.23: COPY OF THE WRITTEN STATEMENT DTD. 31/08/2000 SUBMITTED BY THE P.1. TO THE R.2. EXT.P.24: COPY OF THE REPRESENTATION DTD. 28/10/2000 SUBMITTED BY THE P.1. EXT.P.25: COPY OF THE REPRESENTATION DTD. 28/10/2000 SUBMITTED BY THE P.2. EXT.P.26: COPY OF THE JUDGMENT IN O.S. NO. 487/1978 OF THE MUNSIFF COURT, THIRUVALLA. EXT.P.27: COPY OF THE JUDGMENT IN O.P. NO. 2401/82-A AND 1366/82 IN THE HIGH COURT OF KERALA. EXT.P.27.A: COPY OF THE JUDGMENT IN O.P. NO. 9342/1987-K. EXT.P.28: COPY OF THE PROCEEDINGS DTD. 22/11/2002 OF THE R.2. EXT.P.29: COPY OF THE G.O. (MS).NO.24/2003/SCSTD DTD. 20/02/2003. EXT.P.30: COPY OF THE SHOW CAUSE NOTICE DTD. 29/04/2003 ISSUED BY THE R.5. TO THE P.2. EXT.P.31: COPY OF THE EXPLANATION DTD. 07/05/2003 SUBMITTED BY THE P.2. TO THE R.5. EXT.P.32: COPY OF THE NOTICE OF TERMINATION DTD. 28/05/2003 ISSUED BY THE R.5. TO THE P.2. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE. prv. K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== O.P. NO. 1464 OF 2003 ============================ DATED THIS THE 17TH SEPTEMBER 2008 JUDGMENT Balakrishnan Nair,J. The petitioners 2 and 3 are the sons of the first petitioner, who is no more. In this writ petition, they challenged Ext.P28 proceedings of the Scrutiny Committee under Act 11 of 1996 as per which it was declared that they do not belong to 'Mala Araya' community, which is a scheduled Tribe, but that they belong to 'Hindu Araya' community, which is only one of the other backward communities. Incidentally, the petitioners challenge some of the provisions of Act 11 of 1996 also. 2. The respondents have filed a counter affidavit supporting the above proceedings. We have gone through the pleadings and materials produced in this original petition. Ext.P22 report of the Vigilance Officer of the Scrutiny Committee gives the genealogical chart of the first petitioner's parents. The first petitioner's father was Narayanan. Document No.27 produced along with Ext.P22 which is available at page 119 of the paper book(original petition) would show that Narayanan is Hindu Arayan. If that be so, the caste of the first O.P. NO. 1464/2003 -2- petitioner can only be Hindu Araya. Therefore, petitioners 2 and 3 also belong to Hindu Araya community. Further,the photocopy of the 3rd page of the S.S.L.C.Book of Viswakumari, which is available at page 127 of the paper book(original petition) would show that she also belongs to Hindu Araya community. She is the wife of the first petitioner and mother of petitioners 2 and 3. So, we notice that the findings against the petitioners have been rendered based on contemporaneous documents. They are findings of fact which we cannot be disturbed in these proceedings. In view of the above position, it is unnecessary for this court to consider the constitutional validity of the provisions of Act 11 of 1996. If the parents of the petitioners 2 and 3 belong to Hindu Araya community, petitioners 2 and 3 also belong to Hindu Araya community. Therefore, we find no reason to interfere with the impugned proceedings,Ext.P28. Accordingly, the original petition is dismissed. Sd/- K. BALAKRISHNAN NAIR, JUDGE Sd/- ks. M.C. HARI RANI JUDGE O.P. NO. 1464/2003 -3- K.BALAKRISHNAN NAIR &M.C. HARI RANI, JJ. O.P. NO. 1464 of 2003 JUDGMENT 17-9-2008