1. A common question arises for consideration in these writ petitions. They were therefore heard together and are being disposed of by this common judgment. WP(C) No.15448 of 2008 is treated as the main case and unless otherwise specified, the documents referred to are those produced therein.

2. The petitioner in these writ petition belong to Wayanad district. All of them claim to be members of the Pathiyan community, which is a scheduled caste in the State of Kerala. The petitioners applied to the Tahsildar, Sultan Bathery Taluk for the issuance of a caste certificate to the effect that they belong to the Pathiyan community which is recognized as a scheduled caste in the State of Kerala. He in turn informed them that persons belonging to the Pathiyan community in Wayanad district are not members of a scheduled caste community, but are included only in the list of Other Eligible Communities and therefore, they should move the Village Officer concerned for caste certificates. The petitioners thereupon moved and the Village Officer who issued community certificates to the effect that they belong to the Pathiyan community, which is included in the list of Other Eligible Communities in the State of Kerala.

3. The petitioner in W.P.(C) No.15448 of 2008 did not let the matter rest there. He filed W.P.(C) No.7566 of 2008 in this Court seeking a direction to the Tahsildar to issue a caste certificate to the effect that he belongs to the Pathiyan Community, which is a scheduled caste in the State of Kerala. By Ext.P5 judgment delivered on 7.3.2008, a learned single Judge disposed of the writ petition with a direction that in the event of the petitioner moving the Tahsildar concerned for a caste certificate, the Tahsildar will consider the same and pass orders thereon within ten days from the date of receipt of the application. The petitioner in W.P.(C) No.15448 of 2008 thereupon moved the Tahsildar, Sultan Bathery, who by Ext.P7 memo dated 17.4.2008 informed him that as per Entry 37 in Part VIII of the Schedule to the Constitution (Scheduled Castes) Order, 1950, as amended, only those members of the Pathiyan community, who are washermen, are included in the list of scheduled castes, that the petitioner does not belong to that community, but only to the community known as Pathiyan other than washermen and therefore, he is not eligible for a caste certificate to the effect that he is a member of the Pathiyan community which is a scheduled caste in the State of Kerala. He however, held that it will be open to the petitioner to move the Village Officer concerned and obtain a certificate to the effect that he belongs to the Pathiyan community other than washermen, which is included in the list of Other Eligible Communities in the State of Kerala. W.P.(C) No.15448 of 2008 was thereupon filed inter alia seeking a direction to the Tahsildar, Sultan Bathery Taluk, to issue a caste certificate to the effect that the petitioner belongs to the Pathiyan community, which is a scheduled caste in the State of Kerala. Similar reliefs are sought in the other writ petitions as well.

4. The main contention raised in the writ petitions is that as per Entry 37 in Part VIII of the Schedule to the Constitution (Scheduled Castes) Order, 1950, as amended by Act 51 of 2002, Pathiyan community is recognised as a scheduled caste throughout the State of Kerala along with Mannan, Perumannan, Vannan and Velan, that in view of such inclusion it is not open to the State and its agencies to discriminate among members of Pathiyan community either on the basis of their avocation or on the basis of their place of residence, to deny caste certificates to the effect that they are members of a scheduled caste community.

5. In the counter affidavit dated 24.12.2009 sworn to by the Under Secretary to Government, Ministry of Social Justice and Empowerment, it is stated that the list of scheduled castes in Kerala is contained in Part VIII of the Schedule to the Constit