The proceedings of the Scrutiny Committee are invalid if issued solely by its Chairman without the involvement of all members.

This writ petition has been filed challenging Ext.P1

proceedings of the Scrutiny Committee for verification of community certificate under the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996 and the consequential order issued by the Government of Kerala as Ext.P2 declaring the petitioners not to be members of the Scheduled Caste (Sambava) community and that they belong to the Ezhava community.

2. Sri.P.V.Mohanan, the learned counsel appearing for the petitioners would submit that the findings in Ext.P1

proceedings of the Scrutiny Committee cannot be sustained in law for more reasons than one. He submits that without going into any of those aspects, Ext.P1 order is liable to be set aside for the reason that it was issued only by the Chairman of the Scrutiny Committee. It is submitted that the proceedings of the Scrutiny Committee should be issued by all the three members of the Committee. Reference is made in this regard to a Division Bench judgment of this Court in O.P(KAT)No.399 of 2017, where this Court found that orders issued by the Scrutiny Committee in the name of its Chairman alone cannot be held to be proceedings of the Committee. It is pointed out that the law laid down in Ext.P9 was also followed by this Court in judgment dated 06.07.2023 in W.P (C) No.17595 of 2019 (Ext.P10).

3. The learned Special Government Pleader appearing for the official respondents very fairly concedes that Ext.P1

order does not appear to be an order issued by the Committee and this appears to be an irregularity.

4. Having heard the learned counsel for the petitioners and the learned Special Government Pleader, I am of the opinion that this writ petition is liable to be allowed on the short ground that Ext.P1 proceedings cannot be termed to the proceedings of the Scrutiny Committee constituted under the provisions of the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996 and the Rules framed thereunder. The proceedings issued by the Chairman of the Scrutiny Committee cannot be termed to be the proceedings of the Scrutiny Committee in the light of the law laid down by this Court in Exts.P9 and P10 judgments. Therefore, Ext.P1 is quashed. As a consequence Ext.P2 Government Order will also stand quashed. The question of determination of the caste status of the petitioners shall stand restored to the file of the Scrutiny Committee for verification of community certificates constituted under the and the Rules framed thereunder. All contentions taken by the petitioners are left open to be urged before the Committee. Status quo as on today shall be maintained till fresh orders are passed by the Scrutiny Committee, as directed above.