P.S.Ramachandran vs The Scruitiny Committee For ...
2024 Latest Caselaw 15315 Ker

Citation : 2024 Latest Caselaw 15315 Ker
Judgement Date : 5 June, 2024

Kerala High Court

P.S.Ramachandran vs The Scruitiny Committee For ... on 5 June, 2024

Author: P Gopinath

Bench: P Gopinath

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
               THE HONOURABLE MR. JUSTICE GOPINATH P.
  WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
                       WP(C) NO. 576 OF 2012
PETITIONER:

           P.S.RAMACHANDRAN
           S/O SREENIVASAN,
           RESIDING AT TKS 307, THALIKKAVU, KANNUR-1

           BY ADVS.
                SRI.N.N.SUGUNAPALAN (SR.)
                SMT.NITA.N.S.
                SRI.S.SUJIN



RESPONDENTS:

    1      THE SCRUTINY COMMITTEE FOR VERIFICATION OF
           COMMUNITY CERTIFICATE
           SCHEDULED CASTE/SCHEDULED TRIBE DEVELOPMENT (G)
           DEPARTMENT, THIRUVANANTHAPURAM, PIN-695 001.
           REPRESENTED BY ITS CHAIRMAN.

    2      THE CHAIRMAN
           THE SCRUTINY COMMITTEE FOR VERIFICATION OF
           COMMUNITY CERTIFICATES, SCHEDULED CASTE/SCHEDULED
           TRIBE DEVELOPMENT (G) DEPARTMENT,
           THIRUVANANTHAPURAM, PIN-695 001.

    3      THE CHIEF POST MASTER GENERAL
           THIRUVANANTHAPURAM, PIN-695 001.

           BY ADVS.
                SRI.P.PARAMESWARAN NAIR, ASG OF INDIA
                SRI. T C KRISHNA (DSGI IN-CHARGE),
                SRI. ROBIN RAJ (SPL GP SC/ST)




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.576/2012                      2



                          JUDGMENT

This writ petition has been filed challenging Ext.P10

proceedings of the Scrutiny Committee. It is seen from Ext.P10

that the proceedings of the Scrutiny Committee have been

signed by its Chairman.

2. Sri. S. Sujin, the learned counsel appearing for the

petitioner vehemently contends that Ext.P10 proceedings of the

Scrutiny Committee is liable to be set aside on a short ground.

It is submitted that, going by the judgment of a Division Bench

of this Court in O.P.(KAT) No.399/2017, the proceedings of the

Scrutiny Committee have to be signed by all members of the

Committee. It is pointed out that Ext.P10 proceedings of the

Committee is signed only by its Chairman.

3. The learned special Government Pleader does not

seriously dispute the legal position.

4. Having heard the learned counsel for the petitioner

and the learned special Government Pleader and having regard

to the law laid down by the Division Bench of this Court in O.P.

(KAT) No.399/2017, I am of the view that Ext.P10 proceedings

of the Scrutiny Committee are liable to be set aside. It is clear

from the judgment of the Division Bench of this Court in

O.P(KAT)No.399/2017 that the same has been signed only by

the Chairman. This does not meet the requirement of the law

as laid down by this Court in the aforesaid judgment.

Accordingly, Ext.P10 proceedings of the Scrutiny

Committee are set aside. The question of determination of the

caste status of the petitioner 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 Certificate

Act, 1996, and the Rules framed thereunder. All contentions

taken by the petitioner 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.

Sd/-

GOPINATH P. JUDGE ats

APPENDIX OF WP(C) 576/2012

PETITIONER'S EXHIBITS

EXHIBIT P1 - True copy of the Extract of the School Admission Register dated 6.10.1994.

EXHIBIT P2 - True copy of the relevant page of the SSLC Certificate of the petitioner.

EXHIBIT P3 - True copy of the Caste Certificate dated:

18.11.1983 issued by the Village Officer, Kannur.

EXHIBIT P4 - True copy of the memo No.SRO/Disc/MM/ dated 3.04.1995 issued by the Sub Record Officer, RMS Kasaragod.

EXHIBIT P5 - True copy of the Report of the KRTADS dated 13.02.1995.

EXHIBIT P6 - True copy of the order dated 26.04.1996 In O.A. No.673 of 1995 of the Hon'ble Central Administrative Tribunal.


EXHIBIT P7 -         True copy of the proceedings of the
                     Scrutiny           Committee           No.

10091/SC-U/62/96/SCSTDD dated 4.11.1997.

EXHIBIT P8 - True copy of the proceedings of the Government vide No.GO(MS) 106/97/dated 24.11.1997 SGSTDD dated 24.11.1997.

EXHIBIT P9 - True copy of the order No.SRO/Disc/MM 97 dated 7.11.1997 issued by the Sub Record Officer to the petitioner.

EXHIBIT P10 -        TRUE      COPY      OF      THE        ORDER
                     NO.6339/G2/1998/SCSTDD   DATED     5.07.2011
                     PASSED BY THE 1ST RESPONDENT.