T.Kocha vs State Of Kerala & Ors

3. There was some dispute about Thandans as members of the Scheduled Caste which travelled up to this Court and was decided in the case of Palghat Jilla Thandan Samudhaya Samrakshna Samithi and another v. State of Kerala and another[1]. We shall be referring to the said judgment at length and the decision taken therein by this Court at the appropriate stage. We may mention at this juncture that on the basis of another judgment rendered by Full Bench of High Court of Kerala in O.P. No. 6758/87 (decided on 14.03.1995), the Vigilance Cell of KIRTADS (respondent No. 3 herein) had examined the cases of those persons who had changed their caste name after the promulgation of the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act 1976. In respect of the appellant, the respondent No. 3 came to the conclusion that she did not belong to Thandan Community but was a member of Ezhava/Thiyya Community and, therefore, was not a person belonging to Scheduled Caste Community. Based on that report, the Scrutiny Committee, for verification of Community Certificates of Scheduled Castes and Scheduled Tribes Department in the Government of Kerala (respondent No. 2 herein), issued a show cause notice dated 03.06.2003 to the appellant as to why she should not be treated as non-Scheduled Caste person. The appellant submitted her written explanation dated 06.09.2003 along with as many as 46 documents in support of her plea that she was of Thandan Caste and, therefore, rightly given the Government appointment under the quota meant for Scheduled Caste persons. It was followed by an affidavit dated 02.12.2003 of the appellant wherein she requested respondent No. 2 to furnish the name and addresses of those persons from whom respondent No. 3 had allegedly collected evidence. A request was also made to afford an opportunity to cross examine those witnesses. This request was not allowed.

4. After considering the written explanation and the documents submitted by the appellant, respondent No. 2 concluded that she did not belong to Thandan Community and, therefore, was not a Scheduled Caste person. Order dated 13.04.2004 was passed to this effect which was served upon the appellant on 28.06.2004. The appellant challenged the aforesaid order of the respondents by filing the writ petition in the High Court of Kerala. The said writ petition was admitted and interim stay vide order dated 13.04.2004 was granted in favour of the appellant. However, when the said writ petition was finally heard in the year 2012, vide judgment dated 05.09.2012, the High Court dismissed the same. The appellant preferred the Review Petition No. 1224/2012 seeking review of the said judgment which was also dismissed on 07.02.2013. Main judgment as well as the order passed in the review petition are challenged by the appellant via special leave petition in which leave was granted and that is how the instant appeals have come up for final hearing wherein issue regarding the status of the appellant as to whether she belongs to Thandan Community or not falls for consideration.

30.08.2007 with the Amendment Act of 2007 when Thiyyas and Ezhuvas are not to be treated as part of Thandan and, thus, Scheduled Caste but those who have already conferred the benefit would entitled to continue to reap the fruits thereof.

13. For the reasons stated above, these appeals succeed and are accordingly allowed. Since the appellants have been continued in service because of the interim order passed by this Court, they are treated as validly appointed giving them the benefit of members of Scheduled Caste category. The impugned judgment is accordingly set aside thereby allowing the writ petitions filed by the appellants and quashing the orders of respondent Nos. 2 and 3. The appellants shall also be entitled to the cost of these proceedings.

APRIL 13, 2016.