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2019 Supreme(Ker) 307

State of Kerala, Represented by the Secretary to Government, Scheduled Caste/Scheduled Tribe Department – Appellant
Versus
Amal Krishnan C. V. – Respondent


Advocates Appeared:
For the Appellant : Sri. R. Prakashan, Government Pleader
For the Respondent: Sri. T. Sivadasan, Sri. R. Ramadas, Adv.

JUDGMENT :

Hrishikesh Roy, J.

The State is in appeal against the judgment dated 17.1.2019, whereby, the learned Single Judge has allowed the W.P.(C).No.28199/2018, by holding that the 1st petitioner Sri.Amal Krishnan C.V., the son of the 2nd petitioner Sri.Vivekanandan C.A., belongs to the Padanna Caste, and therefore should be recognised as a Scheduled Caste category person, and deserving of the benefits emanating therefrom.

2. The specific case of the petitioners is that the 1st petitioner's father, Sri. Vivekanandan C.A. belongs to the Hindu Padanna Community, but only because he had contracted inter-caste marriage with a Hindu-Thiyyalady, he is being unfairly excluded from the Scheduled Caste category. Challenging the negative findings of the Kerala Institute for Research, Training and Development Studies of Scheduled Castes and Tribes [KIRTADS] and also the Ext.P19 (Dt.25.6.2018) the proceedings before the Convenor, Screening Committee for conducting Entrance Examination based on the enquiry report of the Vigilance Officer, KIRTADS, the petitioners contended that since the father (2nd petitioner) was recognised as a Hindu Padanna, and was granted all benefits as a Scheduled Caste







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