IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 W.P(C).No. 6964 of 2008(D) --------------------------------- PETITIONER: -------------- VASANTHA.C., D/O.CHINNAYYAN, AGED 26 YEARS, ORANGE AND VEGETABLE FARM, PULAYANPARA P.O., NELLIAMPATHY P.O., PALAKKAD DISTRICT. BY ADV. SRI.A.X.VARGHESE SRI.A.V.JOJO SRIC.C.SALAS RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF TRIBAL DEVELOPMENT, THIRUVANANTHAPURAM. 2. DIRECTOR FOR SCHEDULED CASTE AND SCHEDULED TRIBES, KERALA STATE, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, PALAKKAD. 4. TRIBAL WELFARE OFFICER, PALAKKAD. 5. TAHSILDAR, CHITTOOR TALUK, PALAKKAD. BY GOVT. PLEADER, SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = W.P.(C) No. 6964 OF 2008 - D = = = = = = = = = = = = = = Dated this the 17th day of March, 2008 J U D G M E N T Petitioner is a Hindu Malayali, a Scheduled Tribe recognised in Tamil Nadu State. Even according to the petitioner, her forefathers have migrated from Namakkal area in Tamil Nadu and settled in Nelliyampathy in Kerala State. In this writ petition what is sought for by the petitioner is that a Scheduled Tribe certificate should be issued to the petitioner. 2. It is not in dispute that Hindu Malayali is not a tribe included in the list of Scheduled Tribes in Kerala. If that be so, the petitioner cannot claim a caste status in Kerala. It is the settled position of law that Scheduled Tribes as Scheduled Casts migrating from another State will get that status in the migrated state only if the list applicable to that state recognises them as Scheduled Caste or Scheduled Tribe. See in this connection the judgment of the Apex Court in U.P. Public Service Commission, Allahabad v. Sanjay Kumar Singh {2003 (7) SCC 657} . W.P.(C) No. 6964 OF 2008 -2- 3. In view of this the petitioner is not entitled to the reliefs sought for as long as her Tribe is not recognised as a Scheduled Tribe in Kreala. Writ petition fails and is dismissed. ANTONY DOMINIC JUDGE jan/-