RAVEENDRANATH P Vs. STATE OF KERALA

JUDGEMENT

(1.) The caste status of the petitioner is in dispute; more so with reference to the employment obtained by projecting the petitioner as a member of Scheduled Caste being a 'Thandan' in Palakkad district. The sequence of events is as follows: The petitioner, after completing his studies, applied for the post of Driver/Head Constable in the CISF under the quota earmarked for Scheduled Caste. The petitioner's case was that, he being a member of 'Thandan' Community in Palakkad district, was liable to be treated as a member of the Scheduled Caste and it was accordingly, he obtained Ext. P1 certificate dated 02.05.1985 from the concerned Village Officer showing his caste status as 'Thandan'. Pursuant to the selection process, the petitioner was appointed as Driver/Head Constable by the 4th respondent.

(2.) Later in the course of verification, a report was obtained to the 4th respondent from the District Collector concerned, pointing out that the petitioner was actually a 'Thiyya', which is an 'OBC (Other Backward Community) and not a member of Scheduled Caste community. In the said circumstance, the 4th respondent issued a show-cause notice to the petitioner on 13.12.2002, as to why the appointment given to him as Driver/Head Constable should not be cancelled. The petitioner approached this Court by filing OP. 475 of 2003, contending that the District Collector was having absolutely no jurisdiction, power or competence to certify the caste status of the petitioner, which infact stood vested with Scrutiny Committee by virtue of the Kerala (Scheduled Caste/Scheduled Tribe)Regulation of Issue of Community Certificates Act, 1996(Act 11 of 1996).The said O.P was disposed of as per the judgment dated 08.01.2003 observing that termination of service of the petitioner shall be effected only after conducting an enquiry by CISF. As the desired result was not achieved, the petitioner challenged the said decision by filing W.A.No. 67 of 2003, wherein Ext. P5 judgment was rendered, directing the Scrutiny Committee Constituted under Act 11 of 1996 to consider the issue and then to follow the consequential steps including termination of service of the petitioner.

(3.) Pursuant to the above verdict, the third respondent issued a show-cause notice to the petitioner to appear on 25.07.2005 and the petitioner appeared before the said authority. It is the case of the petitioner that, instead of conducting a proper enquiry, the petitioner was required to fill up a genealogical proforma, wherein the relevant columns had just to be filled up and it was done accordingly. Thereafter Ext. P6 report dated 22.11.2005 was presented by the third respondent- Vigilance Cell of the KIRTADS, holding that the petitioner was only a 'Thiyya' and the title 'Thandan' given to him was only by virtue of the fact that 'Ezhava/ Thiyya' in the area was used to be 'called as Thandan', which otherwise do not confer on him any benefit of the Scheduled Caste community. The said report was considered by the second respondent-Scrutiny Committee, who sent a show-cause notice to the petitioner, also enclosing a copy of the report. The petitioner submitted Ext. P7 reply, along with as many as 54 documents to substantiate his case that he was actually a 'Thandan' and was entitled to have the benefit of Scheduled Caste status.