Judgment

BHARUCHA, J.- Leave granted in the two special leave petitions, SLP (C) Nos. 6457 of 1990 and 3746 of 1992.

2. The principal question that arises in these writ petitions and appeals is in regard to the validity of the decision of the State of Kerala not to treat members of the Thandan community belonging to the erstwhile Malabar District, including the present Palghat District, of the State of Kerala as members of the Scheduled Castes.

3. The writ petitions pray that the State Government should continue to grant to members of the Thandan community belonging to the erstwhile Malabar District, including the present Palghat District, all the benefits due to a caste included in the Schedule to the Constitution (Scheduled Castes) Order.

4. The appeals arise out of a writ petition (O.P. 2421 of 1982) filed in the High Court of Kerala by Miss O.K. Lakshmikutty. She had, in an earlier writ petition (O.P. No. 2000 of 1980), claimed that she belonged to the Thandan community and, therefore, to a Scheduled Caste and sought a direction that she be issued a community certificate accordingly. The High Court allowed that writ petition. Miss Lakshmikutty had then to file the writ petition out of which the principal appeal arises because she was denied admission to the first year MBBS course, 1981-82, in a seat reserved for the Scheduled Castes on the ground that she was not a Thandan. In the judgment and order under appeal, the High Court noted that Miss Lakshmikutty had earlier obtained relief as aforesaid. It then noted the affidavit filed on behalf of the State Government in reply to the writ petition before it wherein it was stated that there was no Thandan community in the Palghat District except in certain parts of Chittur Taluk which were formerly part of the erstwhile Travancore-Cochin State. The State Government had, after the inclusion of Thandans in the Scheduled Castes Order by reason of the Amendment Act, 1976, made enquiries which had revealed that a section of Ezhavas/Thiyyas of the Malabar area and certain Taluks of Trichur District who were called Thandans had nothing in common with the Scheduled Caste Thandans. Reference to authoritative texts seemed to indicate that there was a serious controversy. The High Court, therefore, directed the State Government to conduct a public enquiry to determine whether there was a community called Thandan distinct from Ezhavas in Palghat District and in areas other than in the erstwhile Chittur Taluk and also in any other place in the erstwhile Malabar District. The enquiry was also required to determine whether Miss Lakshmikutty belonged to the Thandan community. In the meantime Miss Lakshmikutty was given provisional admission to the MBBS course in a reserved seat and it was made clear that if it was found that she was not a member of the Thandan community entitled to the benefit of reservation, she would forfeit her seat.

5. Upon completion of the MBBS course Miss Lakshmikutty applied for admission to a postgraduate course in a reserved seat and, upon being denied admission, filed another writ petition before the High Court (O.P. No. 2609 of 1989). She was given admission subject to the result of these matters before us. The appeal arising out of SLP (C) No. 6457 of 1990 is filed by the State of Kerala thereagainst.

6. One K. Swamidasan filed before the High Court a writ petition (O.P. No. 6780 of 1987) in similar circumstances. He was also given admission by the High Court subject to the result of these matters before us. The appeal arising out of SLP (C) No. 3746 of 1992 is filed by the State of Kerala thereagainst.

7. Article 366(24) defines for the purposes of the Constitution of India the expression "Scheduled Castes" to mean "such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under Article 341 to be Scheduled Castes for the purposes of this Constitution". Article 341 reads thus:

"341. (1) The President may with respect to any State