Thottathil B. Radhakrishnan, J.

1. The decision under the provisions of the Kerala (Scheduled Castes and scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996, that the appellant is not a member of a Scheduled Caste (Thandan community) is under challenge. Action to terminate her service in public employment is also recommended as per the impugned order.

2. Apart from eloquently challenging the findings on facts, it was argued on behalf of the appellant that the binding nature of the decision contained in O.S. No. 92 of 1991 of the Court of the Munsiff, Alathur, rendered with the State of Kerala and others on the array as defendants, has been unreasonably ignored while passing the impugned order. It is also pointed out that the effect of the judgment in O.P. No. 5603 of 1991 has also been overreached in issuing the impugned decision.

3. Per contra, the learned Special Government Pleader argued that the findings rendered by the civil court are without jurisdiction since that suit was not maintainable on the face of the law laid by the Apex court that such suits are impliedly barred in terms of the special provisions that govern the resolution of disputes relating to inclusion or exclusion of the benefits due under the Presidential Orders. Copious reference was also made to the materials on record to contend that the findings in the impugned order are based on materials and do not warrant interference.

4. At the outset, it needs to be stated that W.A. No. 1983 of 1997 carried by State of Kerala against the judgment in O.P. No. 5603 of 1991, was decided by the Division Bench clarifying that the Bench was not interdicting any fresh action on the basis of the Act, if the appellant's family had got any illegal benefits; and that, if her family has any grievance, it is for them to approach the statutory authorities. So much so, the decisions rendered in that original petition and writ appeal do not contain any finding which will affect the right of parties in this appeal.

5. The suit by the appellant, her father and others was instituted on the teeth of the finding by the Government that the members of the family of Madhavan, the father of the appellant herein, do not belong to Thandan community, a scheduled caste. That suit was decided on 22nd December 1999, long after the Act came into force.

6. In State of T.N. Vs. A. Gurusamy, (1997) 3 SCC 542, the Apex Court dealt with the case of a person who was initially reckoned as belonging to a scheduled caste, "Thotti", and later, was given a certificate as belonging to a scheduled tribe "Kattunaicken". When he applied for a permanent certificate in that regard, an inquiry was held, leading to the finding that the said person was not a member of a scheduled tribe but was a member of a scheduled caste. Consequently, the certificate issued to him to the effect that he belongs to a scheduled tribe "Kattunaicken" was cancelled. The civil courts, at the trial and first appellate stages, came to his rescue and granted a declaration that he belongs to the scheduled tribe "Kattunaicken", thereby denouncing the Government decision to the contrary. The High court refused to interfere with that decision on the ground that it is a declaration granted on the basis of concurrent decisions on facts. The Apex Court overturned that and held that such a suit is not maintainable. The conclusive nature of the Presidential declarations under Articles 341 and 342 of the Constitution, subject only to an amendment by Parliament, was dilated upon. Accordingly, it was held that subject to any amendment by Parliament, the lists of Scheduled Castes and Scheduled Tribes in terms of the Presidential declarations would govern the field. Consequentially, it was held that by necessary implication, the jurisdiction of the civil court to take cognizance of and give a declaration stands prohibited. It was specifically stated that by operation of Section 9 of CPC, a suit of civil nature, cog