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2009 Supreme(Online)(KER) 28179

HIGH COURT OF KERALA
K.BALAKRISHNAN NAIR, M.L.JOSEPH FRANCIS, JJ
SHEEJA V R – Appellant
Versus
STATE OF KERALA – Respondent


J U D G M E N T

~~~~~~~~~~~

Balakrishnan Nair, J.

The appellant has preferred this Miscellaneous First Appeal, under Section 12(3) of the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996, (hereinafter referred to as “the Act”), challenging the proceedings dated 13.8.2003 of the Scrutiny Committee for verification of community certificates.

2. The brief facts of the case are the following:

The appellant submits, she belongs to 'Thandan'

community. 'Thandan' is recognised as a Scheduled Caste in the erstwhile Tranvancore-Cochin State from 1950 onwards. From 1976 onwards, it is recognised as a Scheduled Caste throughout the State. The appellant, who is a native of Palakkad district, therefore, became a member of the Scheduled Caste from 1976. In her S.S.L.C. book, her caste is shown as 'Thandan'. After completion of her Degree course, she wanted to join B.Ed (English) course. So, on 12.10.1998, she moved the Tahsildar, Alathur, for a community certificate. But, her application was not considered by the said officer. Pursuant to the direction of this Court, in O.P.No.10652/1999, the Tahsildar considered her application and rejected it by

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