ANILA Vs. STATE OF KERALA

JUDGEMENT

(1.) APPELLANTS 1 and 2 are sisters and third appellant is their brother. This miscellaneous first appeal is filed by them under S. 12 (3) of the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996 (hereinafter referred to as the 'act' ). They challenge Annexure B order of the Scrutiny committee under the Act issuing the following directions:-

(2.) THE first appellant is employed under the Government as PD Teacher and appellants 2 and 3 are employed in the Naval Base at Cochin. All the three got employment under the scheduled tribe quota. The mother of the appellant Smt. Amminikutty got a declaration from this Court in O. P. 274/1980 that she belongs to Hindu Malayaraya community. Their father was treated as member of the Araya community. In view of the Government order (MS) 11/77 dated 25. 1. 1977, if one of the parents belongs to a scheduled tribe, the children were entitled to be treated as members of the scheduled tribe. Therefore the appellants got all benefits available to the members of the scheduled tribe in the matter of educational benefits as well as appointment to public services. When the official respondents raised some dispute regarding the caste status of the petitioners they approached this Court and by Annexure A judgment, adivision Bench of this Court declared that the petitioners will be entitled to get the benefits of the aforementioned go dated 25. 1. 1977, in view of the fact that their mother belongs to scheduled tribe. The relevant portion of the said judgment reads as follows:-

(3.) WHILE so again the KIRTADS started an enquiry to ascertain the caste status of the petitioners which ended in issuance of Annexure B order by the scrutiny committee under the Act. Hence this appeal challenging the said order.