The Thandan community is a Scheduled Caste throughout Kerala and the procedure prescribed for alteration and correction of caste under Exts. P 2 - P 4 are valid.

SHANMUGAM, J.:- The petitioners have preferred the Original Petition praying for a writ of certiorari, a writ of mandamus and a declaration containing four prayers. The petitioners did not press the prayers in respect of mandamus but have restricted their prayers to

(a) issue a writ of certiorari to quash Exts. P 1 to P4 and

(b) issue a declaration that the change of caste in school records by substituting the name of Scheduled Caste in the place of the name of caste or community coming under the category of Other Backward Classes in school records is illegal and null and void ab initio.

2. When the matter came up before the Bench consisting of K. S. Paripoornan, J. (as he then was) and K. P. Balanarayana Marar, J. on 12-4-1991, the Division Bench ordered that this matter requires indepth consideration and that the impact and the result of this litigation has far reaching consequences regarding the future of the Scheduled Castes and Scheduled Tribes in the State, and in view of the public importance that is inherent in the very resolution of the controversy posed before this Court and the substantial questions of law that arise for consideration, the case was referred to the Full Bench.

3. The two main questions that arise for consideration before the Full Bench are:

(1) What is the community status of "Thandans"?

(2) Whether the procedure prescribed for corrections of entries in the school records under Exts. P2 to P4 is valid and if it is not valid, the consequences of the corrections/ changes already made?

The issue relating to the first question is fully covered by the Supreme Court decisions which will be referred to later. Mr. K.V. Kumaran, learned counsel for the petitioners made a detailed submission.

4. Briefly stated the facts of the case are follows. The petitioners represent the Scheduled Caste Community. In view of the special benefits provided for the Scheduled Castes by the Government there has been an attempt on the part of the other backward classes to masquerade themselves as Scheduled Castes and infiltrate into it with a view to grab the constitutional concessions meant for Scheduled Castes and consequently the genuine Scheduled Castes are deprived of the benefits. According to him, by taking advantage of the procedure prescribed for correcting the entries in the S. S. L. C. book and other school records under Exts. P2 to P4 and on the strength of the reports and recommendations of Dr. P.R. G. Mathur who was then the Director of the Kerala Institute for Research, Training and Development Studies of Scheduled Castes and Scheduled Tribes, Calicut (KIRTADS) hundreds and thousands of persons belonging to Ezhava/ Thiyya Caste corrected their caste into that of Thandan Castes. According to him, Exts. P2 to P4 were designed to help the change of communities in the guise of correction of entries. According to the learned counsel the orders in Exts. P3 and P4 are ultra vires of Rule 3, Chapter VI of the Kerala Education Rules, 1959 (hereinafter referred to as the Rules) . He further contends that the action of respondents 1 to 7 in facilitating the change of caste are done in violation of Articles 15, 16 and 46 of the Constitution of India.

5. The learned counsel for the petitioners relying on various authors and anthropological reports, submitted that Thandan caste never existed anywhere in former Cochin State or Malabar District of the former Madras Province. According to him, in the social hierarchy the Ezhava/Thiyya caste and the Scheduled Castes of Kerala including Thandan caste stand poles apart. They are entirely different in tradition, occupation, custom, behaviour, practice etc. Learned counsel submitted that the headman among Ezhavas / Thiyyas used to be called Thandans but they are only title holders and they cannot claim Scheduled Caste status. By relying upon various facts and findings extensively extracted from the report submitted in 1992 by the Enquiry Committee constituted to submit a report on the r