ABHISHEK SUDARSANAN Vs. VILLAGE OFFICER AND OTHERS

JUDGEMENT

(1.) The petitioner in W.P.(C).No.8306 of 2018 is the appellant before us. In the writ petition, the petitioner impugned Ext.P19 community certificate that was issued to him stating that he belongs to the Hindu 'Thiyya' community, as also Ext.P34 proceedings of the District Collector, Malappuram, which rejected an appeal filed by his Father, on his behalf, after finding that he belongs to the Hindu 'Thiyya' community and was consequently not entitled to the benefit of a caste certificate showing his caste as 'Thandan', which is recognized as a Scheduled Caste under the Presidential Order enumerating the Scheduled Castes and Scheduled Tribes in the State of Kerala. The learned single Judge, in the judgment impugned before us, found that the claim of the petitioner, that he was a member of the Scheduled Caste 'Thandan' community, was not supported by any reliable document, on the basis of which a direction could be issued to the respondents concerned, to issue a caste certificate to the petitioner showing him as belonging to the 'Thandan' community for the purpose of claiming the benefits of reservation. The learned single Judge took note of a report that had been prepared by the 'KIRTADS', specifically for identification of the 'Thandan' community in Malabar and North Cochin areas, and finding that the said report had not been challenged in proceedings before this Court, held that the petitioner could claim the benefit of reservation as a member of the Scheduled Caste 'Thandan' community.

(2.) Before us, the contention of the learned counsel for the appellant is that, the orders impugned in the writ petition, as also the findings of the learned single Judge, did not appreciate the scope of the amendment brought about through the Presidential Order (Amendment) Act, 2007, in so far as it is related to the 'Thandan' community, in its proper perspective. It is contented that, in the orders impugned in the writ petition, the stand taken by the respondents concerned was that there were no 'Thandans' in erstwhile Cochin and Malabar area, and in such areas in the State, there existed only 'Exhavas' and 'Thiyyas' who were known as 'Thandan'. The petitioner, who hailed from the Malabar area, was therefore held dis-entitled to a certificate that showed his caste status as 'Thandan', belonging to Scheduled Caste category for the purpose of the presidential order. The specific point asserted by the learned counsel for the appellant is that, through the amendment of the Presidential Order in 2007, there was only a clarity brought about, as regards the persons who would be included within the scope of 'Thandan' for the purposes of the Presidential Order, with the amendment making it clear that 'Exhavas' and 'Thiyyas', who were known as 'Thandans' in the erstwhile Cochin and Malabar areas, would no longer be eligible for the benefit of reservation as applicable to 'Thandans' in the Presidential Orders. The appellant relies, in particular, on Ext.P13 certificate that was issued to his Father Sudarsanan K.K on 15.07.1980 recognising him as belonging to the 'Thandan' caste that was included as a Scheduled Caste (other than 'Thiyya' or 'Exhava') in the State of Kerala. It is contended that in as much as the certificate issued to his Father clearly recognized his father as forming part of the original 'Thandan' community that was recognized for the purposes of reservation under the Presidential Order, and also indicated that he did not belong to the excluded category for the purposes of the amended Presidential Order, there was no justification for the respondents to deny him the benefit of a caste certificate showing him as a member of the Scheduled Caste 'Thandan' community, for producing before the authorities concerned, in connection with his admission to a medical college. The petitioner also relies on Ext.P31 certificate, which is similar to Ext.P30 certificate, but issued in favour of Sri.Suresh K.K, the petitioner's paternal uncle. Placing reliance on the said documents, it is contended that the judgment of the learned single Judge needs to be set aside, and a direction given to the respondents concerned, to issue a caste certificate in favour of the petitioner showing his caste as Scheduled Caste 'Thandan'. The prayer in the writ appeal is made in the wake of the results now announced by the Commissioner for Entrance Examinations (CEE) which shows the rank of the petitioner, under the general category for medical course, as 5061 under the Application No.1101163. It is pointed out by the learned counsel for the appellant that if he secures the benefit of reservation as applicable to the Scheduled Caste 'Thandan' community his rank would be 58 thereby improving his chances of securing admission to a medical college.

(3.) We have heard Sri.P.U.Shailajan, the learned counsel for the petitioner and Sri.Prakasan K.V, learned Special Government Pleader for the respondents. On consideration of the facts and circumstances of the case and the submissions made across the Bar, we find that the issue regarding identification of members of the 'Thandan' caste who would be eligible for reservation under the Presidential Order has engaged the attention of the Honourable Supreme Court on more than one occasion. We quote herein below extracts from the judgment of the Honourable Supreme Court in R. Unnikrishnan v. V.K.Mahanudevan, ((2014) 4 SCC 434) , which throws light on the legislative and litigation history of the said issue.