SREENIVASAN Vs. KERALA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) IN all these cases a common question of law is involved. Therefore, we dispose them of by a common judgment. We heard all the counsel who appeared for the petitioners/ appellants, counsel for the respondents and government Pleader. W. A. No. 795 of 1995 is filed by the Kerala Public Service commission (for short 'psc') against an interim order passed in C. M. P. No. 15545/95 in O. P. No. 10455/94.

(2.) THE petitioners in these three Original Petitions contend that though their caste name is described as 'ezhava' they shall be treated as 'exhavas' coming under category-I of Other Backward Classes specified under R. 17 (1) of Part II of the Kerala State & Subordinate services Rules, 1958. In these cases, the petitioners have participated for selection conducted by the PSC and their names were included in the rank list prepared by the PSC. THE PSC treated these petitions as 'ezhuvan' coming under item 24 of List 3 of Other Backward Classes in the Kerala State given in the schedule appended to K. S. & S. S. R. Other Backward Classes have been declared by the State Government under Art. 16 (4) of the Constitution of india. In the List HI in the Schedule to R. 14 of Part II of the K. S. & s. S. R. the communities of Ezhavas and Thiyyas are included in SI. No. 16. THE community of Izhuvan (Illuvan or Ezhuvan) is enlisted as SI. No. 24 in the said list. THEse lists are included in the general Conditions of the Notification inviting applications and the communal reservations are allowed to the communities grouped in the Other Backward classes as per SI. No. 8 to R. 17 (1) of Part II of the K. S. & S. S. R. THE communities grouped as "other Backward Classes" are entitled to 6 turns, viz. , 10,30,40,50,70 and 90 for posts included in the Kerala Last Grade service and 3 turns ie. ,10,40 & 90 for the posts other than those included in the Kerala Last Grade Service as communal reservation turns when 100 vacancies are filled up. THE petitioners in all these Original Petitions produced caste certificates to the effect that they belonged to "ezhavan". As already stated Izhuvan (Illuvan or Ezhuvan) is grouped in the caste coming in the Other Backward Classes as per SI. No. 8 to R. 17 (1)of Part-II of the K. S. & S. S. R.

(3.) THE petitioner in O. P. No. 10455/94 produced a series of census reports. In annexure- A2 which is a census report of 1901, various caste names have been given. "illuvan" has been shown as one of the castes and the total number of persons is 184502. It would appear that the "illuvan" mentioned in annexure- A2 report of 1901 refers to members of Ezhavan caste. So also in the census report of 1911 in Cochin State, "illuvan" is mentioned. It is further stated that: "they are called also as Chogans in Cochin and correspond to Thiyyas of British Malabar and Shanans of the Tamil Districts. THEy are believed to have immigrated from Ceylon and introduced the cultivation of the coconut palm. Coconut growing and toddy drawings are still their heredity occupation, but as they are nunerically the strongest caste in Cochin, a great many of them have taken to other occupation, chiefly agriculture. "