KANNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners have approached this Court challenging Ext. P3 and seeking a direction to treat "Kadar" community in Kerala as belonging to Scheduled Tribes as notified in SRO No. 510 dated 05.09.1950.

(2.) The petitioners applied for caste certificate to the Village Officer (2nd respondent). According to the petitioners, they belong to "Kadar" community, which is notified by the President as a Scheduled Tribe in Kerala. Therefore, the petitioners are entitled to get a certificate to that effect. But, when certificate was issued to the petitioners, it was stated that they belong to Kadar caste and it was specified as Hindu - Kadar (OBC).

(3.) It is the contention of the petitioners that a notification had been issued by the President of India exercising the power under Clause.(1) of Art.342 specifying the tribes or tribal communities etc., which shall for the purpose of the Constitution be deemed to be Scheduled Tribes in relation to different States. Part.7 of the Schedule to the said notification deals with Kerala State. Ext. P2 notification, issued in the year 1950, had been amended by incorporating Clause.3 to the effect that the States mentioned in the schedule against different castes shall be as existed on and from 01.03.1976. Item No. 6 in Part.7 of the Schedule is "Kadar". Thus the community "Kadar" is notified as a scheduled tribe for Kerala State by a constitutional order. According to the petitioners, thereafter no law has been made by the Parliament excluding "Kadar" community from the list so notified. Therefore, the "Kadar" community continues to belong to schedule tribe. As the petitioners admittedly belong to "Kadar" community even as certified in Ext. P3 in one case, they also belong to scheduled tribe. The certificates like Ext. P3 issued by the Village Officer stating that they belong to OBC are therefore incorrect and wrong. Therefore, the petitioners are entitled to get a declaration that the "Kadar" community is a scheduled tribe in tune with the constitutional order (Ext. P2) which has not been modified by any law made by the Parliament.