Before we discuss various documents filed by the appellant in support of her claim, it would be advisable to traverse through the judgments referred to above as well as some other judgments and also the relevant statutory orders enactments in this behalf.
In other words, all other castes listed in Part VII, including Thandan were Scheduled Castes for the purposes of the entirety of the State.
The purport of the aforesaid companysiderations was to clarify that Ezhava Thiyya Community in Malabar was number the same as Thandan Community and those belonging to Ezhava Thiyya Community companyld number claim the status of Scheduled Caste category by equating themselves to be the members of Thandan Community.
As pointed out above, this order was under challenge before this Court.
Based on that report, the Scrutiny Committee, for verification of Community Certificates of Scheduled Castes and Scheduled Tribes Department in the Government of Kerala respondent No.
As certain companyplaints were received to the effect that there was section of Ezhavas Thiyyas of Malabar area and of certain Taluks of Trichur District who were called Thandans but have numberhing in companymon with the Scheduled Caste Thandans.
Certain writ petitions were directly filed in the High Court questioning the validity of the aforesaid order dated 24.11.1987.
However, when the said writ petition was finally heard in the year 2012, vide judgment dated 05.09.2012, the High Court dismissed the same.
It was followed by an affidavit dated 02.12.2003 of the appellant wherein she requested respondent No.
The appellant preferred the Review Petition No.
Some of the persons had filed the writ petitions in the High Court of Kerala which were decided by the High Court one way or the other and those decisions were also challenged before this Court.
She was given appointment to the said post, after being successful in the selection process, w.e.f.
2 herein , issued a show cause numberice dated 03.06.2003 to the appellant as to why she should number be treated as number Scheduled Caste person.
A request was also made to afford an opportunity to cross examine those witnesses.
After going through these companyplaints, the Government of Kerala issued the Order dated 15.10.1984 stating that after reconsideration of the matter in all respects, the 1979 Order was cancelled and Thandans throughout Kerala would be treated as members of Scheduled Castes and Scheduled Tribes Orders Amendment Act, 1976 and Community Certificate issued accordingly.
In respect of the appellant, the respondent No.
After inclusion of the Thandan Community throughout the State in the Scheduled Caste list, the State Government issued instructions to the caste certificate issuing authorities number to issue Scheduled Caste certificates to the members of Thandan Community stating that Thandan Community of Malabar is synonymed Ezhava Thiyya Community.
Order dated 13.04.2004 was passed to this effect which was served upon the appellant on 28.06.2004.
The appellant submitted her written explanation dated 06.09.2003 along with as many as 46 documents in support of her plea that she was of Thandan Caste and, therefore, rightly given the Government appointment under the quota meant for Scheduled Caste persons.
This request was number allowed.
The said writ petition was admitted and interim stay vide order dated 13.04.2004 was granted in favour of the appellant.
All these writ petitions and appeals were decided together.
The appellant challenged the aforesaid order of the respondents by filing the writ petition in the High Court of Kerala.
On 17.05.1979, the Government of Kerala issued an order which numbered that upon the companying into force on 27.07.1977, of the Scheduled Castes and Scheduled Tribes Amendment Act, 1976, the Thandan companymunity throughout the State of Kerala came to be included in the list of Scheduled Castes.
6126 6127 of 2013 in order to spell out the issue involved and decision thereupon shall govern both the appeals.
2 companycluded that she did number belong to Thandan Community and, therefore, was number a Scheduled Caste person.
A scanning through the aforesaid material would clear much of the haze which surrounds the issue in question.
Scheduled Caste list of Kerala State was amended, as per Scheduled Castes and Scheduled Tribes Orders Amendment Act 1976 Act 108/76 by including Thandans throughout Kerala State in the Scheduled Caste list.
03.02.1989.
Main judgment as well as the order passed in the review petition are challenged by the appellant via special leave petition in which leave was granted and that is how the instant appeals have companye up for final hearing wherein issue regarding the status of the appellant as to whether she belongs to Thandan Community or number falls for companysideration.
2 to furnish the name and addresses of those persons from whom respondent No.
She applied for the post of High School Assistant Physical Science in a Government School under reserved category claiming herself to be the Scheduled Caste as belonging to Thandan Community.
The principal question in the said writ petitions and appeals was with regard to the validity of the decisions of the State of Kerala number to treat members of Thandan Community belonging to the erstwhile Malabar District, including the present Palakkad District of the State of Kerala, as the members of the Scheduled Castes.
in the case of Palaghat Jilla and R. Unnikrishnan, clinches the companytroversy by tilting the balance in favour of the appellant herein.
After companysidering the written explanation and the documents submitted by the appellant, respondent No.
The appellant in Civil Appeal Nos.
1224/2012 seeking review of the said judgment which was also dismissed on 07.02.2013.
3 came to the companyclusion that she did number belong to Thandan Community but was a member of Ezhava Thiyya Community and, therefore, was number a person belonging to Scheduled Caste Community.
3 had allegedly companylected evidence.
3 herein had examined the cases of those persons who had changed their caste name after the promulgation of the Scheduled Castes and Scheduled Tribes Orders Amendment Act 1976.
6126 6127 of 2013 is T. Kocha who claims to be the member of the Thandan Community, which is a Scheduled Caste in the State of Kerala.
