Caste determinations must be made on an individual basis and cannot apply automatically based on previous determinations affecting others in the community.

The petitioners have approached this court being aggrieved by the fact that members of the Domban community in Palakkad which is included in the Constitution (Scheduled Castes) Order, 1950 [under Part-VIII pertaining to the State of Kerala as Entry No.18] are being denied caste certificate relying on the adjudication of the caste status one Krishnan and some others who claimed caste certificate on the basis that they are members of the Domban community. The aforesaid Krishnan and others were denied such caste certificates on the basis of Ext.P13 proceedings of the Vigilance Cell, KIRTADS. It is the case of the petitioner, relying on the judgment of the Supreme Court in Palghat Jilla Tandan Samudhaya Samrakshana Samithi and another v. State of Kerala; (1994) 1 SCC 359 as also the judgment of this court in Babu T.G and others v. Secretary and others; 2012 KHC 565 that there cannot be a universal declaration that there are no members of Domban community in Palakkad, Kerala especially taking into consideration of the fact that the Domban community continues to be a scheduled caste community by virtue of the Presidential Order. It is submitted that the Constitution (Scheduled Castes) Order which is issued under Article 341 (1) can be modified only by Parliament under Article 341 (2) of the Constitution of India . It is also submitted that under the provisions of the Kerala (Scheduled Castes & Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996 the determination by the expert agency of the caste status applies only to the persons reported upon and shall not extend to other members of the community subject to the provisions of Section 29 of the aforesaid enactment. In other words it is submitted that the determination of the caste status of Krishnan and others cannot apply to all members of the Domban community in Palakkad District.

2. The learned Special Government Pleader appearing for the State of Kerala would submit that the 1st petitioner in the writ petition is an organisation named Domban Samudayam and the 2nd petitioner claims to be an affected party. It is submitted that there cannot be an omnibus declaration that the members of the 1st petitioner organisation are entitled to the benefit of a caste certificate as determination of caste status must be with reference to an individual or a group of individuals and there cannot be a determination on the basis of an application by an organisation stated to be representing members of the community. The learned Special Government Pleader does not dispute that going by the law laid down by the Supreme Court in Palghat Jilla Tandan Samudhaya Samrakshana Samithi (supra), the authorities cannot declare that there is no member of the Domban community in Palakkad.

3. Having heard the learned counsel for the petitioner and the learned Special Government Pleader, I am of the view that this writ petition can be disposed of directing that the determination of caste status of Krishnan and others by Ext.P13 shall not be treated as determination of caste status of all persons who claim to be members of scheduled caste Domban community.

If any application is made by the individual members claiming to be members of the scheduled caste Domban community, the competent authority shall determine their caste status in accordance with the law and without taking into consideration of the determination of caste status of Krishnan and others through Ext.P13 proceedings. I am inclined to take this view in the light of the law laid down in Palghat Jilla Tandan Samudhaya Samrakshana Samithi (supra), where it was held as follows:-

“16.

Art.341 empowers the President to specify not only castes, races or tribes which shall be deemed to be Scheduled Castes in relation to a State but also "parts of or groups within castes, races or tribes" which shall be deemed to be Scheduled Castes in relation to a State. By reason of Art. 341 a part or group or section of a caste, race or tribe, which