Individuals previously recognized as Scheduled Castes cannot have their status invalidated retroactively by subsequent amendments, ensuring continuity of benefits.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY FRIDAY, THE 31ST DAY OF MAY 2019 / 10TH JYAISHTA, 1941 WP(C).No. 5697 of 2014 PETITIONER/S:

P.R. ANIL, AGED 54 YEARS, S/O. RATNADAS(LATE), PARUVASSERI HOUSE, PERNGOTTUKURISSI(P.O), PALAKKAD DISTRICT, (ASSISTANT GENERAL MANAGER(GENERAL), FOOD CORPORATION OF INDIA, REGIONAL OFFICE NO.10, EAST END MAIN ROAD, IVTH “T BLOCK”,JAYANAGAR, BANGALORE).

BY ADVS.

SRI.P.V.MOHANAN SRI.ANIL VIJAYAN RESPONDENT/S:

1 THE UNION OF INDIA REP BY THE SECRETARY, MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT, LOK SABHA SECRETARIAT, NEW DELHI-110001

2 THE STATE OF KERALA REP BY ITS SECRETARY TO GOVERNMENT, SCHEDULED CASTE/SCHEDULED TRIBE, DEVELOPMENT (G)DEPARTMENT, THIRUVANANTHAPURAM-695 001.

3 THE CHAIRMAN SCRUTINY COMMITTEE, FOR VERIFICATION OF COMMUNITY CERTIFICATES, (CONSTITUTED UNDER ACT 11 OF 1996)

SECRETARY TO GOVERNMENT SCHEDULED CASTE DEVELOPMENT DEPARTMENT, THIRUVANANTHAPURAM-695 001.

4 THE DIRECTOR, THE KERALA INSTITUTE FOR RESEARCH OF TRAINING AND DEVELOPMENT STUDIES, MEMBER, SCRUTINY COMMITTEE FOR VERIFICATION OF COMMUNITY CERTIFICATES, THIRUVANANTHAPURAM-695 001. 5 THE GENERAL MANAGER, FOOD CORPORATION OF INDIA, REGIONAL OFFICE, JAYANAGAR, BANGALORE-560 041, KARNATAKA STATE.

BY ADVS.

SRI. P. VIJAYAKUMAR, ASG OF INDIA R2 TO R4 - SRI. K.V.PRAKASHAN, SPECIAL GOVERNMENT PLEADER R5 - SRI.VARGHESE M.EASO, SC, FOOD CORPORATION OF INDIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

31.05.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

This writ petition is filed by the petitioner seeking to quash Ext.P22 communication issued by the Scrutiny Committee as per the provisions of Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 [Act 108 of 1976], rejecting the Scheduled Caste Thandan claim of the petitioner and cancel the 'Form of Caste Certificate, No. nil dated 04.05.1978 issued by the Tahsildar, Alathur, Palakkad District, and further deciding to bring the said fact to the notice of the Scheduled Castes/Scheduled Tribes Development Department of the State Government for necessary action under the provisions of Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996 [Act 11 of 1996], and for other consequential reliefs. Brief material facts for the disposal of the writ petition are as follows:

2. According to the petitioner, petitioner belongs to 'Thandan' community, a Scheduled Caste community as defined under Act 108 of 1976, and was born at Peringottukurissi, Alathur Taluk, Palakkad District. The Kerala Institute for Research, Training and Development Studies [for brevity, “KIRTADS”] submitted reports on 07.03.1998 to the Scrutiny Committee under Sec.9(2) of Act 11 of 1996, stating that the petitioner and his siblings do not belong to Thandan, a Scheduled Caste community. The Scrutiny Committee initiated proceedings under the provisions of Act 11 of 1996 by issuing Ext.P7 show cause notice. Petitioner has submitted a detailed reply statement also producing 75 material documents including pre- constitutional documents to prove that the petitioner belongs to Thandan community. Challenging Ext.P7 show cause notice dated 30.03.1998 issued by the State Government, petitioner has filed O.P.No.8747/1998, which was disposed of as per Ext.P10 judgment dated 13.10.2006, quashing the impugned proceedings except the report of the KIRTADS, however, leaving open the liberty of the Scrutiny Committee constituted under Act, 1996 to take appropriate action in accordance with law, and petitioner was given the liberty to take up all the contentions before the Committee including the contentions on merits with regard to jurisdiction and validity of the report of the KIRTADS. It was further made clear that, as long as petitioner is continuing in service, he shall be entitled to all service benefits and in case any such benefit has been withheld owing to the pendency of the original petition, the same