Kannan and Another vs State of Kerala and Another

K.A. Abdul Gafoor, J.—The petitioners have approached this Court challenging Ext. P3 and seeking a direction to treat "Kadar" community in Kerala as belonging to Scheduled Tribes as notified in SRO No. 510 dated 6-9-1950.

The petitioners applied for caste certificate to the Village Officer (2nd respondent). According to the petitioners, they belong to "Kadar" community, which is notified by the President as a Scheduled Tribe in Kerala. Therefore, the petitioners are entitled to get a certificate to that effect. But, when certificate was issued to the petitioners, it was stated that they belong to Kadar caste and it was specified as Hindu-Kadar (OBC).

It is the contention of the petitioners that a notification had been issued by the President of India exercising the power under Clause (1) of Article 342 specifying the tribes or tribal communities etc., which shall for the purpose of the Constitution be deemed to be Scheduled Tribes in relation to different States. Part VII of the Schedule to the said notification deals with Kerala State. Ext. P2 notification, issued in the year 1950, had been amended by Incorporating Clause 3 to the effect that the States mentioned In the schedule against different castes shall be as existed on and from 1-3-1976. Item No. 6 in Part VII of the Schedule is "Kadar". Thus the community "Kadar" is notified as a scheduled tribe for Kerala State by a constitutional order. According to the petitioners, thereafter no law has been made by the Parliament excluding "Kadar" community from the list so notified. Therefore, the "Kadar" community continues to belong to scheduled tribe. As the petitioners admittedly belong to "Kadar" community even as certified in Ext. P3 in one case, they also belong to scheduled tribe. The certificates like Ext. P3 issued by the Village Officer stating that they belong to O.B.C. are therefore incorrect and wrong. Therefore, the petitioners are entitled to get a declaration that the "Kadar" community is a scheduled tribe in tune with the constitutional order (Ext. P2) which has not been modified by any law made by the Parliament.

In answer to this legal argument, it is contended by the Government Pleader that the petitioners belong to Kadar in Wynad. There is difference between Kadar community in Wynad area and Kadar community in other parts of the State. Kadar community in Wynad belongs to OBC which is not included as scheduled tribe. But, the Government Pleader is unable to point out any notification or any law in this regard. It is also submitted by him that Ext. P2 notification had never been modified.

Part VII of the schedule to Ext. P2 shows that "Kadar" community is declared as scheduled tribes in the State of Kerala. If it is confined to any part of the State, that would have been specified as mentioned in Article 342(1) itself. It is discernible from Part VII of the Schedule to Ext. P2 that "Kammara" community is declared as scheduled tribe only in the areas comprising the Malabar district. Item No. 25 "Malayan" community is declared as scheduled tribe excluding the areas comprising the Malabar district. There are other instances also in Ext. P2. There is no such stipulation in respect of item No. 6 "Kadar". Therefore, "Kadar" community in the whole of the State of Kerala belongs to scheduled tribe. The other view taken by the respondents is without any basis or support of law.

Refusal to issue certificates to the petitioners, so long as they belong to "Kadar" community, showing that they belong to scheduled tribe is thus violative of the constitutional rights and it in turn offends their fundamental rights guaranteed in Articles 15 and 16 of the Constitution for protection of socially and educationally backward class.

Therefore, it is declared that "Kadar" community in the State of Kerala belongs to Scheduled Tribe as ordered by the President of India in Ext. P2 so long as it remains as such without amendment or modification. If the petitioners belong to that community they shall be issued with a certificate to the effect that they also belong to scheduled tribe.

As the members of scheduled tribe are dragged to the Court unnecessarily, it is only just and proper to award them the cost of the litigation which is quantified as Rs. 2,500/-to be payable by the respondents. The O.P. is allowed with cost.