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2007 Supreme(Online)(KER) 20847

HIGH COURT OF KERALA
K.S.RADHAKRISHNAN, J
BINDHU GANESH – Appellant
Versus
STATE OF KERALA – Respondent


JUDGMENT

“C.R.

These writ petitions are filed challenging G.O(NC)No.

77/98/SCSTDC dated 10.8.1998, whereby, the Government acted on the advice tendered to it by the Kerala State Commission for Backward Classes, hereinafter referred to as the 'Commission', on the question of inclusion of the 'Chakkala Nair' community in the State list for Other Backward Classes, for reservation purpose.

2. The thrust of the contentions advanced in these writ petitions, at the time of final hearing can be encapsulated as follows:

(i) The Commission erred in relying on the opinion of the Ananthakrishna Iyer International Centre for Anthropological Studies, hereinafter referred to as 'AICAS', and ignoring the report of the Kerala Institute of Research, Training and Development Studies on Scheduled Castes and Tribes(KIRTADS).

(ii) The reliance placed on the report of AICAS and the prominence given to Dr.P.R.Govindankutty Mathur as a special invitee to assist the Commission are wholly unfounded and against public interest because, Dr.Mathur was earlier held by the Government to have misrepresented facts in relation to an issue of caste status of 'Thandans' and as per G.O.(MS) 6/91/SCSTDD dated 11.2.1991, the

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