IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 OP.No. 29140 of 2002(R) ----------------------- PETITIONER(S): --------------- SOUMYA CHANDRAN (MINOR) REP. BY HER FATHER CHANDRAN, SURABHI, H.NO.304, CHAITHANYA NAGAR, EROOR WEST. P.O., TRIPUNITHURA. BY ADV. SMT.V.P.SEEMANDINI, SENIOR ADVOCATE SRI.M.R.ANISON RESPONDENT(S): --------------- 1. THE SCREENING COMMITTEE FOR ENTRANCE EXAMINATIONS, REP. BY COMMISSIONER FOR ENTRANCE EXAMINATION, HOUSING BOARD BUILDINGS SHANTI NAGAR, TRIVANDRUM. 2. THE COMMISSIONER FOR ENTRANCE EXAMINATION, OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATION, SHANTI NAGAR, TRIVANDRUM. 3. THE VIGILANCE CELL, REP. BY VIGILANCE OFFICER, DIRECTOR OF KIRTADS, KOZHIKODE - 17. GPL. GOVT. PLEADER SRI. P. SANTHOSH KUMAR. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 03/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: O.P.NO. 29140/2002. ---------------------------------------------------------------- EXT.P1 TRUE COPY OF SCHOOL ADMISSION REGISTER OF PETITIONER'S FATHER. EXT.P2 DO. OF PETITIONER'S FATHER'S BROTHER. EXT.P3 DO. DO. EXT.P4 COMMUNITY CERTIFICATE DT. 1-12-1984. EXT.P5 DO. DT. 29-11-83. EXT.P6 DO. DT. 2-4-2002. EXT.P7 JUDGMENT IN O.P. 14892/2002. EXT.P8 NOTICE D5. 14-5-2002. EXT.P9 NOTICE DT. 3-7-2002. EXT.P10 ANTHROPOLOGICAL REPORT DT. 29-6-2002. EXT.P11 SCHOOL ADMISSION REGISTER. EXT.P12 WRITTEN EXLANATION DT. 16-7-2002. EXT.P13 LIST OF DOCUMENTS. EXT.P14 YELLO CARD ISSUED BY R1. EXT.P15 ORDER DT. 20-7-02. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 29140 of 2002 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 3rd day of February, 2010. J U D G M E N T The petitioner claims to belong to the Thandan community, which is recognised as a scheduled caste community in the State of Kerala. On the basis of a caste certificate issued to the petitioner certifying her to be belonging to the Thandan community, which was recognised as a scheduled caste community in the State of Kerala, the petitioner appeared for the entrance examination conducted by the 2nd respondent for the year 2002. But the results of the petitioner were withheld because of a dispute regarding her community status. Relying on the judgment of this Court in Palghat Jilla Thandan Samudaya Samrakshna Samithi v. State of Kerala, 1994 (1) KLT 118 holding that since Thandan community has been recognised as a scheduled caste, any person who is recognised as belonging to a community known by name 'Thandan' is entitled to the benefits as a scheduled caste, this Court gave interim orders in this original petition, pursuant to which the petitioner got admission in a payment seat and completed her education. Subsequently, the KIRTADS conducted an enquiry into the caste status of the family of the petitioner and submitted Ext. P10 report. The Scrutiny Committee by Ext. P15 order, based on Ext. P10, held that the petitioner and her family members do not belong to the scheduled caste community 'Thandan'. The petitioner challenges Exts. P10 and P15 in this original petition. It appears that subsequently, the Schedule to the Constitution (Scheduled Castes) Order, 1950 was amended in 2007, wherein Entry 61 of Part VIII thereof was substituted, by the Constitution (Scheduled Caste) Order, 1950 (Amendment) Act, 2007, as follows: “61. Thandan (excluding Ezhuvas and Thiyyas who are O.P.. No. 29140/2002 -: 2 :- known as Thandan, in the erstwhile Cochin and Malabar ares) and (Carpenters who are known as Thachan, in the erstwhile Cochin and Travancore State).” Considering this amendment and the Supreme Court judgment, a Division Bench of this Court in O.P.No. 14444/2003 held that up to 2007, the persons certified to be belonging to the community going by the name Thandan, though essentially belong to Ezhavas/Thiyyas are entitled to the benefit of the judgment of the Supreme Court and such benefits can be denied to persons only subsequent to 2007. Although the petitioner now disputes the finding in the impugned orders that the petitioner does not belong to the Thandan community, for the present, the petitioner would be satisfied with the benefit granted by the Division Bench judgment. 2. In view of the judgment of the Division Bench in O.P.No. 14444/2003, I do not think that the benefit sought for by the petitioner can be denied to her up to 2007. Accordingly, it is declared that any benefit which the petitioner had enjoyed as a scheduled caste up to 2007 shall not be taken away from her. However, in respect of any benefit subsequent to 2007, the petitioner and her family members shall obtain appropriate community certificate in accordance with Act 11 of 1996 for claiming any such benefit. The original petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/