Petitioner has approached this Court seeking to quash Exts.P5 and P6. Ext.P5 is a communication issued by the Tahsildar refusing to issue caste certificate to the petitioner. Petitioner claims that he belongs to Nayadi community coming under the Scheduled Caste whereas according to the Tahsildar, Government in Ext.P6 dated 11/11/2013, has stated that persons in Mylom village in Kollam District belong to 'Kodangi Naicken' which comes under Other Backward Caste. The main contention urged by the petitioner is that he belongs to Scheduled Caste community. So far, no decision has been taken by the Scrutiny Committee in this regard. Petitioner and his father were given certificates on earlier occasions stating that they are Nayadis which comes under Scheduled Caste community and therefore the present attempt to deny them Scheduled Caste status is clearly illegal. According to the petitioner, the finding in Ext.P6 that there are no Nayadis residing in Mylom village is absolutely without basis. Petitioner has sufficient materials to indicate that he belongs to Nayadi community. He had applied to the post of Police Constable Driver in Kerala Police wherein he had to produce community certificate to secure the job. When an application was filed for the same, the same came to be rejected by the Tahsildar in terms of Ext.P5 on the basis of Ext.P6.
2. The learned Government Pleader, on instructions, would submit that the issue as to whether there are Nayadi community which belongs to Scheduled Caste community in Mylom village has been considered by the Government as per Ext.P6 order after obtaining necessary reports from KIRTADS and on the basis of the decision taken by the Scrutiny Committee as well. Pursuant to the directions issued by this Court as per judgment dated 16/07/2013 in W.P.C.No.3463/2013 & connected cases, Scrutiny Committee had taken evidence and the report had been referred to the Government on the basis of which Ext.P6 had been passed. This fact, however, is disputed by the learned counsel for the petitioner.
3. Having regard to the aforesaid submission, I am of the view that if the petitioner has a case that he is in possession of sufficient materials to prove that he comes under Nayadi community which is a Scheduled Caste category, it shall always be open for the petitioner to invoke jurisdiction of the Scrutiny Committee under Section 8 of the Kerala (Scheduled Castes & Scheduled Tribes) Regulation of Issue of Community Certificate Act (hereinafter referred to as 'the Act'). As far as the present situation is concerned, the petitioner is faced with Exts.P5 and P6. In so far as the Government had issued Ext.P6, Tahsildar is justified in issuing Ext.P5. Unless sufficient materials are produced before the Scrutiny Committee and the Scrutiny Committee forms a different opinion, it may not be possible for the Government also to revoke Ext.P6. Under such circumstances, this writ petition is disposed of with the following directions:
i) Petitioner is at liberty to approach the Scrutiny Committee invoking Section 8 of the Act within a period of fifteen days from the date of receipt of a copy of this judgment. Petitioner shall file necessary representation and produce necessary documents to substantiate his claims.
ii) Scrutiny Committee shall consider the claim of the petitioner and pass appropriate orders within a period of three months from the date of receipt of the representation.
Iii) If the Scrutiny Committee finds that the petitioner belongs to Nayadi community, 3rd respondent shall issue necessary certificate to the petitioner in that regard.
(sd/-) (A.M.SHAFFIQUE, JUDGE) jsr