Pasayat, C.J. 1. These three Writ Appeals have much in common and, therefore, they are disposed of by this judgment to cover each one of them.
2. Alleging that on the basis of false certificate, one K. R. Shanmugha Sundaram obtained benefits Intended for Scheduled Tribes, action was taken against appellants, who are his siblings. There has been determination by Kerala Institute for Research. Training and Development Studies of Scheduled Castes and Scheduled Tribes (hereinafter referred to as 'KIRTADS') and officials of Government, which has led to initiation of action by employees of appellants. In a nutshell, stand of the parties is as follows. Shanmugha Sundaram was originally a resident of Coimbatore, but, about five decades back, migrated to Kerala and started living here. He was residing at Palakkad. He obtained a certificate sometime in 1956 purported to have been issued by Tahsildar, Coimbatore showing that he belonged to 'Kattunayakan' community, which is a Scheduled Tribe as notified under Article 342 of Constitution of India, 1950 (in short 'Constitution') by Presidential order. On that basis, Shanmugha Sundaram got a Job in the Customs Department of Government of India. His children also claimed to be members of Scheduled Tribe and prosecuted studies on the basis of seats reserved for Scheduled Tribes and got employment also on that basis. A doubt was raised about correctness of the certificate purported to have been issued by Tahsildar, Coimbatore and actual caste of Shanmugha Sundaram. Therefore, enquiries were conducted. An adjudication was made on 6-7-1987 by KIRTADS which, inter alia, held that community status claimed by appellants and others of their family is false. Before the Original Petitions, judgments in which are under challenge in the present Writ Appeals. Original Petitions were filed earlier. O.P. No. 5977 of 1986 was filed by appellant K. S. Gokul, which was heard along with O. P. No. 7567 of 1989 filed by appellants K. S. Gokul, K. S. Rekha and K. S. Deepa and O. P. No. 4428 of 1989 filed by appellant K. S. Deepa. Adjudication was nullified by this Court by common order dated 6-9-1991 on the ground that before adjudication, due notice was not given to affected persons. There has been fresh adjudication by Tahsildar, Palakkad and KIRTADS in respect of all appellants. It was concluded that neither appellants nor their father belong to Kathunayakan community, which was a Scheduled Tribe. Said order was assailed before this Court in three Original Petitions bearing Nos. 1670 of 1989, 4736 of 1989 and 31 of 1992. By a common judgment dated 19-3-1996, they were dismissed holding that petitioners therein have not established that they belong to Scheduled Tribe and on the contrary, materials on record clearly establish that the foundation of their claim was based on a forged document. Said conclusions are challenged in these Writ Appeals. Certain enquiries conducted pursuant to directions given by this Court during pendency of the O. Ps. need to be noted. The first enquiry which was conducted by KIRTADS culminated in his report dated 6-7-1987. In O.P. 1670 of 1989, by order in CMP 5379 of 1989, an enquiry was directed to be conducted by Tahsildar, Palakkad. In his order pursuant to direction of this Court, Tahsildar found that appellants do not belong to Scheduled Tribe. Same was subject-matter of challenge in OP 7569 of 1989 and OP 31 of 1992. As in the earlier O. Ps. (i.e.. OP 5979 of 1986. 4428 of 1989and 7567 of 1989), this Court observed that children of Shanmugha Sundaram did not get separate notices. Therefore, Tahsildar was directed to conduct enquiry into the caste status after issuing separate notices. Same was done and by order dated 9-12-1991. Tahsildar held that appellants do not belong to Scheduled Tribe community.
3. Learned counsel for appellants submitted that the certificate issued by Tahsildar, Coimbatore is a genuine one. Plea raised against it was based on a mere suspicion that the same was obtained fraudulently and action was initiated. No authority in the State has declared the certificate to be invalid and, therefore, it continues to be operative till now. Materials which weighed with authorities are not germane to the subject-matter of dispute and the position has remained undisturbed for nearly five decades and suddenly action cannot be taken to deprive appellants the benefits to which they are legally entitled to. It is pleaded that due and appropriate opportunity has not been granted to them to place materials in support of their positive stand. Additionally, it is submitted that they had rendered services in different capacities for very long time and it would be inequitable to deprive them of the benefits and more so with retrospective operation. Learned counsel for State, on the other hand, submitted that elaborate analysis of factual position has been made by authorities and factual findings have been recorded to the effect that neither appellants nor their father belong to a Scheduled Tribe. The so-called certificate issued by Tahsildar, Coimbatore is not a genuine document and in this regard authorities have recorded a finding based on materials. Question of any authority in Kerala declaring this document to be invalid does not arise because the certificate was purported to have been issued by an authority beyond the jurisdiction of Kerala. Appellants have usurped the benefits which were meant for under-privileged people and are Intended to be taken back to be given to the rightful claimants. Employers of appellants have taken a stand that they were acting on the basis of adjudication made by authorities and, therefore, there is nothing wrong in their initiating action. Further, appellants have not questioned the show cause notice and this Court has rightly refused to entertain the application.
4. Article 341 of Constitution define Scheduled Castes and Scheduled Tribes, which read thus :
"341. Scheduled Castes:-- (1) The President may, with respect to any State or Union Territory, and where it is a State after consultation with the Governor thereof, by public notification, specify the castes, races or tribes or parts of or groups within castes races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State or Union Territory, as the case may be.
(2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under Clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.
342. Scheduled Tribes:-- (1) The President may, with respect to any State or Union Territory, and where it is a State after consultation with the Governor thereof, by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State or Union Territory, as the case may be. (2) Parliament may, by law, include in or exclude from the list of Scheduled Tribes specified in a notification issued under Clause (1) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification."
5. Preamble to Constitution promises to secure to every citizen social and economic justice, equality of status and of opportunity assuring dignity of individual. Scheduled Tribes are Inhabitants of intractable terrain regions of the country, kept away from the main stream of national life and with their traditional moorings and customary beliefs and practices, they are largely governed by their own customary Code of Conduct regulated from time to time with their own rich cultural heritage and ethos. Scheduled Tribes are a nomadic class of citizens whose habitats are generally hilly regions or forests and this results in their staying away from the main stream of national life. Constitution, therefore, enjoins to provide facilities and opportunities for development of their economic and educational standards. Though social status certificates or caste certificates as they are generally called, provide the basis for admission into educational institutions and for getting benefits of reservations like entry into service earmarked for persons belonging to Scheduled Castes and Scheduled Tribes, admission wrongly gained or appointments wrongly obtained on the basis of such certificate have the effect of depriving genuine Scheduled Castes, Tribes or other backward candidates as enjoined in Constitution of the benefits conferred on them by Constitution. Genuine candidates are denied of benefits for want of caste certificate. Supreme Court took note of these aspects and in Kumari Madhuri Patil v. Addl. Commr. Tribal Development, AIR 1995 SC 94 has stressed upon desirability of a Screening Committee and for streamlining procedure for Issuance of a social status certificate. In the said case, fifteen requirements have been indicated.
6. As was observed by Supreme Court in N. E. Horo v. Smt. Jahan Ara Jaipal Singh, AIR 1972 SC 1840, the moot question that has to be enquired into is whether strict rule of endogamy of the Munda tribe has been deviated from and whether custom has sanctioned such deviation. With reference to the illustrious Book "Races and Cultures of India" by D. N. Mazumdar, it was observed that the definition is found in current literature on the subject as given in Imperial Gazetteer. A tribe is a collection of families bearing a common name, speaking a common dialect, occupying or professing to occupy a common territory and is not usually endogamous though originally it might have been so. Endogamy is an essential feature of tribe though inter-tribal marriages are breaking the limits of endogamy. It was further stated in the Book that importance of blood bond or kinship group is forced to the background, communal economy of clam is superseded by individual desire for gain and property, money assumes an importance it seldom had before and ties of reciprocity and mutuality of obligation are re-oriented to suit new conditions. Tribal customs and practices which established social life lose their value and choice of leader and of mate is guided by different considerations. It was further observed that Munda tribe cannot be said to be immune from the above process of change in their social organisation. Changes in their belief, customs, traditions and practices have taken place under the influence of Hinduism and Christianity and on account of impact of western education, urbanisation, industrialisation and improved means of communication. Sense of individualism and lack of love for traditional Code of Conduct and social taboos are stated to be apparent among the emerging urban-industrial oriented advise communities.
7. It has to be borne in mind that broad and recognised features of hierarchical social structure prevalent amongst the Hindus is that, what might have been the origin of Hindu castes and tribes in ancient times, gradually status came to be based on birth alone. A person who belonged by birth to a depressed caste or tribe would find it very difficult, if not impossible, to attain status of a higher caste amongst the Hindus by virtue of his volition, education, culture and status.
8. Article 342(1) of Constitution empowers the President to specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall, for the purposes of Constitution, be deemed to be Scheduled Tribes in relation to the State or Union Territory, as the case may be. In parts 1 to 12 of the Schedule to the Order are specified the tribes or tribal communities or parts of or groups within tribes or tribal communities, who are to be deemed to be Scheduled Tribes. The term 'tribal community' has a wider connotation than the expression 'tribes'. A person who, according to the strict custom of a tribe, cannot be regarded as a member of that tribe may well be regarded as a member of that tribal community.
9. Article 341(1) empowers the President of India to specify, in consultation with the Governor of the State, with respect to the State or Union Territory, or for a part of the State, District or region by public notification specify castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of Constitution be deemed to be 'Scheduled Castes' in relation to the State or Union Territory as the case may be. Sub-article (2) empowers the Parliament by law to include in or exclude from the list of Scheduled Castes specified in the notification issued under Clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification. In other words, Constitutional mandate is that it is the President who is empowered, in consultation with the Governor of the state, to specify by a public notification the caste, race or tribe or parts or groups within castes, races or tribes which shall for the purposes of Constitution be deemed to be Scheduled Castes in relation to that State or Union Territory.
10. In B. Basavalingappa v. D. Munichinnappa. (1965) 1 SCR 316 : (AIR 1965SC 1269), the Constitution (Scheduled Castes) Order, 1950 specified Bhovi caste as a Scheduled Caste. Respondent, a Voddar by caste, contested election as a Scheduled Caste Bhovi. A Constitution Bench examined the scheme of Article 341 and upheld the contention of appellant that in view of stringent provisions of the Constitution with respect to a notification issued under Clause (1), it is not open to anyone to include any caste as coming within the notification on the basis of evidence -- oral or documentary -- if the caste in question does not find specific mention in the terms of notification, it was not open, therefore, to give evidence that a particular caste was a Scheduled Caste not mentioned in the 1950 Order.
11. In Bhaiyalal v. Harikishan Singh, (1965) 2 SCR 877 : (AIR 1965 SC 1557) wherein the same question had arisen, another Constitution Bench had held that in specifying castes, races or tribes under Article 341(1) of Constitution, the President has been expressly authorised to limit the notification to parts of or groups within the caste, race or tribe to be Scheduled Caste by including them in the Order. That would be applicable in relation to the entire State or in relation to parts of the State where the President is satisfied that on examination of social and educational backwardness of race, caste or tribe justifies such specification.
12. In Srish Choudhury v. State of Tripura, 1990 Supp SCC 220 : (AIR 1990 SC 991) a three-Judge Bench was called upon to consider whether Laskar community in State of Tripura is a Scheduled Tribe. After examining the scheme of Constitution, it was held that though evidence may be admissible to verify the entries in the Presidential Order to find a caste/tribe included in a particular tribe or caste, tribal communities, the admisslbility of evidence is confined within the limitations enacted in the Order. It was not open to Court to make any addition or subtraction from the Presidential Order.
13. In Kumari Madhuri Patil's case (AIR 1995 SC 94) (supra), a two-Judge Bench further considered whether Kolis, a backward class in Maharashtra would be declared as Mahadeo Koli, a Scheduled Tribe in Maharashtra. It was held that after the amendment under Scheduled Castes and Scheduled Tribes Order (Amendment Act), 1976, no subtraction or addition to it by way of declaration of castes, tribes or sub-caste, parts of or groups of tribes or tribal community is permissible and that Presidential notification, subject to the amendment by Parliament, is conclusive.
14. These aspects have been highlighted by Apex Court in S. Swvlgaradoss v. Zonal Kanager, F.C.I.. (1996) 2 JT (SC) 182 : (AIR 1996 SC 1182).
15. Courts, therefore, have no power except to give effect to the notification issued by President. It is settled law that Court would look into the public notification under Articles 341(1) or 342(1) for a limited purpose. Notification issued by President and the Act of the Parliament under Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 1976 and the Schedules appended thereto can be looked into for the purpose to find whether the castes, races or tribes are parts of or groups within castes, races or tribes shall be Scheduled Castes for the purpose of Constitution. Under Amendment Act, 1976, again Parliament has included or excluded from Schedules appended to Constitution which are now conclusive. Schedule I relates to Scheduled Castes and Schedule II relates to Scheduled Tribes.
16. So far as the question whether appellants have been given due and appropriate opportunity to defend their case is concerned, it is to be noted that opportunity has been granted by authorities to them and to their father also. Voluminous documents have been referred to by KIRTADS and Tahsildar while adjudicating whether appellants belong to Scheduled Tribe. Much capital has been made by appellants out of the certificate purported to have been issued by Tahsildar, Coimbatore. Genuineness of this document has been doubted by authorities with regard to several tell-tale factors. It was noticed by Tahsildar in his order dated 9-12-1991 that while Shanmugha Sundaram claimed to have lost all his school records and degree certificates etc. he managed to preserve the so-called caste certificate. With reference to the photocopy that was produced, it was observed that the same is claimed to have been obtained from Deputy Tahsildar five decades back. Kattunayakan is a primitive tribe of Kerala as declared in 1942. Elaborate enquiry has been made by Tahsildar by contacting the relative of Shanmugha Sundaram, With reference to materials collected, it was concluded that appellants belonged to Gola Naicker community. Adverse inference was drawn from the conduct of appellants and their father in trying to mislead about whereabouts of their relatives and social customs adopted by them.
17. It has been noticed by authorities and learned single Judge that at the time when certificate was allegedly obtained by Shanmugha Sundaram, he was no longer staying at Coimbatore and was residing and staying at Palakkad. If at all any certificate was to be obtained, it was to be obtained from Tahsildar, Palakkad. One document which unmistakably corrodes the foundation of Shanmugha Sundaram and consequently appellants' claim is the school register of Shanmugha Sundaram. As per entry in the school register at SI. No. 5966, he was admitted on 8-6-1945 and left school on 13-3-1951. In the said records his caste has been recorded as "Naidu". The document has been annexed as document No. 20 to Ext. R-3(a) to the counter affidavit filed by State and its officers in OP 1670 of 1989. Other documents in respect of relations of Shanmugha Sundaram show that they belong to Naikar community. Elaborate reference has been made to large numbers of documents to falsify appellants' claim. It was the stand of appellants and their father that there was a mistake in the school records and, therefore, subsequently caste certificate was also obtained from Tahsildar, Coimbatore. Great emphasis has been laid on the entries made in school register of appellants where they have been described as belonging to Kattunayakan community. That does not in any way help to further their stand. Entries in their school records cannot be treated as conclusive evidence to prove caste. These entries are made on the basis of declaration of appellants and are not necessarily on the basis of any community or caste certificate issued by competent authorities and/or with any verification. In State of T. N. v. A. Guruswamy, (1997) 3 SCC 542 : (AIR 1997 SC 1199). It was observed that a self-serving document like a sale deed with a caste-indication is of no consequence. In the Constitution Bench decision of Apex Court in Action Committee v. Union of India. (1994) 5 SCC 244 : (1994 AIR SCW 3305) and Kumari Madhuri Patil's case (AIR 1995 SC 94) (supra), it was held that the person who claims to be belonging to Scheduled Caste/Scheduled Tribe cannot claim the same benefit in the State of migration and is only available from the State of origin. Position was recently reiterated in Union of India v. Dudh Nath Prasad, 2000 (1) Supreme 38 : (AIR 2000 SC 525). That being the position, certificate, if any, Issued by Tahslidar, Coimbatore, as claimed by appellants, cannot give them any benefit in the State of Kerala. Original of the certificate has not been produced before any authority. This has been held to be a circumstance to cast doubt on the genuineness of the document produced by Shanmugha Sundaram. A direction had been given by learned single Judge to determine caste status of appellants. Pursuant to said direction, Tahsildar, Palakkad has conducted an enquiry and on the basis of his report, the certificate produced by appellants were cancelled. That being the position, it cannot be said that there was denial of opportunity. Pursuant to the order in CMP 5397 of 1989 in OP 1670 of 1989, notice was issued by Tahsildar to appellants and enquiry was conducted. Further, enquiry was also conducted by KIRTADS. Law relating to benefits flowing from certificates and care to be taken while issuing such certificate have been elaborated in Director of Tribal Welfare, Govt. of Andhra Pradesh v. Laveti Giri, AIR 1995 SC 1506. It may be noted that entry in case of Shanmugha Sundaram was made at a point of time when benefits to Scheduled Castes/ Scheduled Tribes were not flowing and the Constitution is the source of such benefit. Therefore, a document which reveals the caste status of a person prior to enactment of Constitution is a very valuable piece of document, because at that time a person belonging to a particular caste could not have foreseen the benefits that may be available to him or to another caste or tribe. The entry, therefore, assumes great significance. In Kumari Madhuri Patil's case (AIR 1995 SC 94) (supra), it was observed by Apex Court that entries in school register showing a person's father's caste, particularly of pre-Constitution period is of great evidentiary value. Mere statement that the same was wrongly made does not dilute the situation. Factual conclusions arrived at by authorities after elaborately dealing with materials which exposes the fraud practised cannot be upset while exercising jurisdiction under Article 226 of the Constitution. Materials which are germane to the subject-matter of dispute have been analysed in detail and their applicability to the fact situation cannot be questioned.
18. That being the position, we find no merit in the stand taken by appellants that they belong to a Scheduled Tribe community. The other question is whether the benefit should be denied. It is submitted that benefits enjoyed for a long time should not be withdrawn. It has to be noted that by getting the benefits, appellants have denied those to persons genuinely belonging to Scheduled Tribe. When a person belonging to Scheduled Tribe competes with others on merits and gets selected on merits the posts reserved for Scheduled Tribe does not get exhausted. That is because the intention is to give benefit to one who is deficient and may not be able to compete on merits. Therefore, one cannot usurp the benefit meant for another, who is under-privileged. In State of T. N. v. A. Guruswamy's case (AIR 1997 SC 1199) (supra), it was held that principle of promissory estoppel is inapplicable. On cancellation of a wrong SC/ST certificate, the person concerned is not entitled to plead estoppel merely on the ground of having enjoyed the status under such a certificate for a long period. That would amount to protection of the fraud perpetrated and thereby defeat the Constitutional objective. In such cases, consequences have to follow. It is for the authorities to determine in what manner it shall be done. We express no opinion in that regard.
The Writ Appeals fall and are dismissed.