T. KOCHA Vs. STATE OF KERALA & ORS.

JUDGEMENT

(1.) In these appeals, the legal issue which needs determination is identical. The background facts under which the said issue arises are also somewhat similar. Therefore, without being repetitive, it would serve our purpose to take note of the facts appearing in Civil Appeal Nos. 6126-6127 of 2013 in order to spell out the issue involved and decision thereupon shall govern both the appeals.

(2.) The appellant in Civil Appeal Nos. 6126-6127 of 2013 is T. Kocha who claims to be the member of the Thandan Community, which is a Scheduled Caste in the State of Kerala. She applied for the post of High School Assistant (Physical Science) in a Government School under reserved category claiming herself to be the Scheduled Caste as belonging to Thandan Community. She was given appointment to the said post, after being successful in the selection process, w.e.f. 03.02.1989.

(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, 1994 1 SCC 359. 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.