S. Sankarasubban, J.

Petitioner - P.A. Haridasan, is a member of the Subordinate Judicial Service of the Kerala State. He entered into the judicial service as Judicial Magistrate of Second Class and now he is working as judicial First Class Magistrate. The controversy in this case is regarding the caste to which the petitioner belongs. While the petitioner claims that he belongs to Thandan Community, respondents 1 and 2 are taking the view that he belongs to Thiyya community. The Thandan Community was declared to be a Scheduled Caste so far as the Travancore-Cochin area is concerned from 1950 onwards. But it was extended to the whole of Kerala only by Act 108 of 1976. The entire controversy arose because petitioner's caste in the High School Certificate was originally described as Thiyya but after the coming into force of Act 108 of 1976, petitioner got it corrected and changed it to Thandan. It was after this petitioner applied for the post of Magistrate under the General Recruitment as well as the Special Recruitment for Scheduled Castes and Scheduled Tribes. It appears that in both the categories petitioner came first, but because of the fact that he has crossed the m