VIMAL GHOSH V Vs. STATE OF KERALA

JUDGEMENT

(1.) The dispute that arises in both these Original Petitions relates to the caste status of the first petitioner in O. P. 963 of 1996 and the members of his family. Petitioners in O. P. 963 of 1996 challenge mainly Ext. P9 decision of the scrutiny Committee appointed by the Government of Kerala. By Ext. P9, it was decided that the first petitioner in O. P. 963 of 1996 is not a member of the Scheduled Caste as he claimed to be. The 2nd Petitioner therein is his son, who is an Engineering student.

(2.) O.P. No. 18774/95-1 was filed challenging Ext. P13 order passed by the Principal of the Calicut Regional Engineering College. By Ext. P13 order petitioner therein was removed from the rolls of the Engineering College on the ground that he was not a member of the Scheduled Caste the reason being that he had secured admission on that ground.

(3.) Both the Original Petitions were heard together and we propose to dispose of them by a common Judgment. In O.P. 963 of 1996 it is alleged that the petitioners belong to "Kuravan" community, which is included in the list of Scheduled Caste issued by the President of India under the Constitution (Scheduled Caste) Order, 1950. It is alleged . that in Act 103 of 1976, namely, "The Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976" the caste "Kuravan" is included as Scheduled Caste by adding the same as Sl. No. 34 in the list.