VAN Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition the petitioner seeks a declaration that the Pulaya caste in Kerala falls under Entry 54 in the list of Scheduled Castes in Kerala appended to the Constitution (Scheduled Castes) Order, 1950, as amended by Central Act 108 of 1976.

(2.) The petitioner is a member of the Pulaya Community belonging to the erstwhile Travancore-Cochin area of the Kerala State. He is presently working as Supervisor in the Posts and Telegraphs Department in the Cochin Foreign Post Office. He is also the Vice President of the Kerala Harijan Federation and the President of the All India Scheduled Castes/Tribes Federation of Post and Telegraph Employees, Kerala Circle.

(3.) After the amendment of the Constitution (Scheduled Castes) Order, 1950 by Act 108 of 1976, the 4th respondent issued a circular letter requiring all officials belonging to Scheduled Castes and Scheduled Tribes, working in the Department to produce caste certificates. As per orders issued by the State Government Tahsildars are empowered to issue such certificates in respect of persons residing within the local area of their jurisdiction. Persons belonging "to scheduled castes were required to produce caste certificates issued by the competent authority to prove their eligibility for certain reservations in the matter of promotion to higher grades and posts in service. The certificates produced by the members of the Pulaya Community were not accepted for the reason that 'Pulaya' is not one of the castes included in the Scheduled Castes Order issued by the President of India. Sl. No. 54 in the schedule attached to the Presidential Order as amended is 'Pulayan, Cheraman'. The stand taken by the Department is that Pulaya is not the same as 'Pulayan' notified as a scheduled caste under the Presidential Order as amended in 1976. Since there was large scale rejection of such certificates the Government of Kerala by letter dated 24-9-1980 produced as Ext. P1 informed the 4th respondent the Post Master General, Kerala Circle, as follows: