R. Unnikrishnan & Anr vs V.K. Mahanudevan & Ors

3. Respondent-V.K. Mahanudevan in Civil Appeal No.3468 of 2007 applied to Tehsildar, Alathur in the State of Kerala for grant of a Scheduled Caste Certificate on the basis that he was a ‘Thandan’ which was a notified Scheduled Caste. The Tehsildar held an enquiry and found that the appellant did not belong to the Scheduled Caste community and reported the matter to the Director, Scheduled Caste Development Department, who in turn forwarded the case to Director, Kerala Institute for Research, Training and Development Studies of Scheduled Castes and Scheduled Tribes, (‘KIRTADS’ for short) for investigation and report.

6. Pursuant to the above directions of the High Court the caste certificate issued in favour of the respondent also came under scrutiny. In the course of scrutiny, it was found that the reports submitted by KIRTADS and relied upon by the High Court while allowing O.P. No.9216 of 1986 was erroneous and that the respondent actually belonged to Ezhuva community which fell under the OBC category. Director, KIRTADS accordingly issued notice to the respondent to appear before him for a personal hearing in support of the claim that he was a Thandan and hence a Scheduled Caste. Aggrieved by the said proceedings the respondent filed O.P. No.5834 of 1991 before the High Court of Kerala in which he challenged the proposed enquiry proceedings relating to his caste status primarily on the ground that the decision of this Court in Palaghat Jilla Thandan Samudhaya Samrakshna Samithi and Anr. v. State of Kerala and Anr. (1994) 1 SCC 359 had settled the controversy relating to Ezhuva/Thiyya being a ‘Thandan’ in the district of Palaghat. It was also contended that the respondent’s own case that he was a Thandan Scheduled Caste had been settled by the High Court in terms of the order passed by the High Court in O.P. No.9216 of 1986. These contentions found favour with the High Court who allowed O.P. No.5834 of 1991 filed by the respondent by its order dated 15th December, 1998 and quashed the ongoing enquiry proceedings.

7. Aggrieved by the order passed by the High Court the State of Kerala filed Writ Appeal No.1300 of 1999 which was allowed by a Division Bench of the High Court by its judgment and order dated 14th June, 1999 and directed a fresh enquiry into the caste status of the respondent by KIRTADS. Review Petition No.236 of 1999 filed against the said order by the respondent was dismissed by the Division Bench by its order dated 29th July, 1999. The Division Bench, however, specifically reserved liberty for the respondent to bring the judgments pronounced in O.P. No.9216 of 1986 and O.P.No.5470 of 1988 to the notice of the Director, KIRTADS and declined to express any opinion of its own as to the effect of the said judgments. This is evident from the following passage from the order passed by the High Court:

9. Aggrieved by the notice issued to him the respondent once again approached the High Court in O.P. No.2912 of 2000 which was disposed of by the High Court by its order dated 4th July, 2001 with a direction that the KIRTADS report shall be placed before the State Government for appropriate orders. The State Government accordingly considered the matter and passed an order dated 18th January, 2003 by which it concurred with the report and the view taken by KIRTADS and declared as follow:

(v) On completion of the actions as per this order the services of Shri V.K. Mahanudevan, Executive Engineer, Minor Irrigation Division in the Irrigation Department shall be terminated forthwith and a member of Sch. Caste community shall be appointed against the post in which Shri V.K. Mahanudevan was appointed in the Irrigation Department if his appointment was on consideration as member of Sch. Caste.”

27. There is in the light of the above no manner of doubt that Ezhuvas and Thiyyas who are also known as Thandan, in the erstwhile Cochin and Malabar areas are no longer scheduled caste for the said State w.e.f. 30th August, 2007 the date when the amendment was notified. The Parliament has, it is evident, removed the prevailing confusion regarding Ezhuvas and Thiyyas known as Thandan, in the erstwhile Cochin and Malabar areas being treated as scheduled caste. Ezhuvas and Thiyyas even if called Thandans and belonging to the above area will no longer be entitled to be treated as scheduled caste nor will the benefits of reservation be admissible to them.

34. In the result these appeals fail and are, hereby, dismissed. We, however, make it clear that while the benefit granted to the respondent V.K. Mahanudevan as a Scheduled Caste candidate till 30th August, 2007 shall remain undisturbed, any advantage in terms of promotion or otherwise which the respondent may have been granted after the said date solely on the basis of his being treated as a Scheduled Caste candidate may if so advised be withdrawn by the Competent Authority. It is axiomatic that the respondent-V.K. Mahanudevan shall not be entitled to claim any benefit in the future as a scheduled caste candidate but no benefit admissible to him as an OBC candidate shall be denied. Parties are directed to bear their own costs.