Kerala High Court
K.Roshini Rani vs The State Of Kerala on 3 April, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
WP(C) NO. 40979 OF 2016
PETITIONERS:
1 K.ROSHINI RANI,
AGED 57 YEARS (DATE OF BIRTH 4.6.1959)
D/O A.KOCHUKUNJU,PROFESSOR(RETIRED ON 30.6.2015)
SREE SWATHI THIRUNAL COLLEGE OF
MUSIC,THIRUVANANTHAPURAM,RESIDING AT
TC 4/1168,AMBADY, KULATHOOR.P.O,
THIRUVANANTHAPURAM-695 583.
2 K.CHANDINI RANI,
AGED 55 (DATE OF BIRTH 25.7.1962)
D/O.A.KOCHUKUNJU,JOINT CHIEF EDITOR,KERALA LEGISLATURE
SECRETARIAT,VIKAS BHAVAN,THIRUVANANTHAPURAM,RESIDING AT
TC 4/1168,AMBADY,KULATHOOR.P.O,
THIRUVANANTHAPURAM-695 583.
3 K.VINOD KUMAR,
AGED 43 YEARS (DATE OF BIRTH 26.5.1973)
S/O.A.KOCHUKUNJU,DEMONSTRATOR IN COMPUTER
ENGINEERING,GOVERNMENT POLYTECHNIC
COLLEGE,THIRURANGADI,RESIDING AT TC
4/1168,AMBADY,KULATHOOR.P.O,THIRUVANANTHAPURAM-695 583.
BY ADV SRI.P.V.MOHANAN
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY SECRETARY,SCHEDULED CASTES/SCHEDULED
TRIBES,DEVELOPMENT
DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM-695 001.
2 THE SCRUTINY COMMITTEE FOR VERIFICATION OF COMMUNITY
CERTIFICATE CONSTITUTED VIDE ACT 11 OF 1996 AS
AMENDED BY ACT 32 OF 2008,
REPRESENTED BY ITS CHAIRMAN,SCRUTINY COMMITTEE FOR
VERIFICATION OF COMMUNITY CERTIFICATES,SC/ST
DEVELOPMENT (G)DEPARTMENT,
THIRUVANANTHAPURAM,SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
3 THE DIRECTOR KERALA INSTITUTE FOR RESEARCH TRAINING AND
DEVELOPMENT STUDIES OF SCHEDULED CASTE/ SCHEDULED
TRIBES,(KIRTADS),THIRUVANANTHAPURAM-695 001.
BY ADVS.
SMT.LATHA T THANKAPPAN, SPL. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 40979 OF 2016
2
JUDGMENT
This writ petition has been filed challenging Ext.P1
proceedings of the Scrutiny Committee for verification of
community certificate under the Kerala (Scheduled Castes and
Scheduled Tribes) Regulation of Issue of Community
Certificates Act, 1996 and the consequential order issued by the
Government of Kerala as Ext.P2 declaring the petitioners not to
be members of the Scheduled Caste (Sambava) community and
that they belong to the Ezhava community.
2. Sri.P.V.Mohanan, the learned counsel appearing for
the petitioners would submit that the findings in Ext.P1
proceedings of the Scrutiny Committee cannot be sustained in
law for more reasons than one. He submits that without going
into any of those aspects, Ext.P1 order is liable to be set aside for
the reason that it was issued only by the Chairman of the
Scrutiny Committee. It is submitted that the proceedings of the
Scrutiny Committee should be issued by all the three members
of the Committee. Reference is made in this regard to a Division
Bench judgment of this Court in O.P(KAT)No.399 of 2017,
where this Court found that orders issued by the Scrutiny
WP(C) NO. 40979 OF 2016
Committee in the name of its Chairman alone cannot be held to
be proceedings of the Committee. It is pointed out that the law
laid down in Ext.P9 was also followed by this Court in judgment
dated 06.07.2023 in W.P (C) No.17595 of 2019 (Ext.P10).
3. The learned Special Government Pleader appearing
for the official respondents very fairly concedes that Ext.P1
order does not appear to be an order issued by the Committee
and this appears to be an irregularity.
4. Having heard the learned counsel for the petitioners
and the learned Special Government Pleader, I am of the
opinion that this writ petition is liable to be allowed on the short
ground that Ext.P1 proceedings cannot be termed to the
proceedings of the Scrutiny Committee constituted under the
provisions of the Kerala (Scheduled Castes and Scheduled
Tribes) Regulation of Issue of Community Certificates Act, 1996
and the Rules framed thereunder. The proceedings issued by
the Chairman of the Scrutiny Committee cannot be termed to be
the proceedings of the Scrutiny Committee in the light of the
law laid down by this Court in Exts.P9 and P10 judgments.
Therefore, Ext.P1 is quashed. As a consequence Ext.P2
Government Order will also stand quashed. The question of
WP(C) NO. 40979 OF 2016
determination of the caste status of the petitioners shall stand
restored to the file of the Scrutiny Committee for verification of
community certificates constituted under the Kerala (Scheduled
Castes and Scheduled Tribes) Regulation of Issue of Community
Certificates Act, 1996 and the Rules framed thereunder. All
contentions taken by the petitioners are left open to be urged
before the Committee. Status quo as on today shall be
maintained till fresh orders are passed by the Scrutiny
Committee, as directed above.
Sd/-
GOPINATH P.
JUDGE
DK
WP(C) NO. 40979 OF 2016
APPENDIX OF WP(C) 40979/2016
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PROCEEDING
NO.15392/G3/2011/SCSTDD DATED
16.08.2016.
EXHIBIT P2 TRUE COPY OF THE ORDER G.O.(MS)
NO.100/2016/SCSTDD DATED 2.12.2016
EXHIBIT P3 TRUE COPY OF THE SHOW CAUSE NOTICE OF
THE SCRUTINY COMMITTEE DATED
19.03.2013 ENCLOSING THE REPORTS OF
THE KIRTADS DATED 22.12.2012.
EXHIBIT P4 TRUE COPY OF THE EXPLANATION WITH
DOCUMENTS.
EXHIBIT P5 TRUE COPY OF THE EXPLANATION DATED
15.02.2014.
EXHIBIT P6 TRUE COPY OF THE NOTICE DATED
18.03.2014.
EXHIBIT P7 TRUE COPY OF THE NOTES OF ARGUMENT.
EXHIBIT P8 TRUE COPY OF THE ORDER G.O.(P)
NO.151/2012/SCSTDD DATED 10.12.2012.
Exhibit P9 TRUE COPY OF THE JUDGMENT IN OP(CAT)
NO 399/2017 DATED 30.8.2019
Exhibit P10 TRUE COPY OF THE JUDGMENT IN W.PC NO
17595/2019 DATED 6.7.2023
PETITIONER EXHIBITS
Exhibit R1(A) A TRUE PHOTOSTAT COPY OF THE EXTRACT
OF THE SCHOOL REGISTER ISSUED BY
MTSSLP SCHOOL
Exhibit R1(B) A TRUE COPY OF THE RELEVANT PAGE OF
SSLC BOOK OF PETITIONER'S FATHER
Exhibit R1(C) A TRUE COPY OF THE RELEVANT PAGES OF
THE PENSION BOOK OF PETITIONER'S
FATHER
Exhibit R1(D) A TRUE PHOTOSTAT COPY OF THE
STATEMENT OF VICAR OF THE ABOVE
CHURCH
Exhibit R1(E) A TRUE PHOTOSTAT COPY OF THE
STATEMENT OF VICAR OF THE ABOVE
CHURCH
Exhibit R1(F) A TRUE COPY OF THE SECOND PAGE OF THE
SSLC BOOK OF PETITIONER'S MOTHER
