Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Social status Scheduled caste certificate |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Social status certificate:Scheduled caste certificate - Claim of respondent that he belonged to 'Thandan' caste, a Scheduled Caste, allowed by High Court by order dated 25.2.1987 on the report of KIRTADS and statement made by State counsel - Subsequently, on the basis of observations made by Full 0 Bench of High Court in Pattika Jathi's case, caste certificate of respondent Judgements: and Government declaring him not to belong to 'Thandan' caste, but to 'Ezhava' community, an OBC - High Court holding the judgment dated 25.2.1987 as binding between parties - Held: order dated 25. 2. 1987 passed by High Court which had attained finality did not permit a fresh enquiry into the caste status of writ-petitioner- Inasmuch as High Court quashed the said proceedings and the order passed by State Government pursuant thereto, it committed no error to warrant interference - However, in view of Presidential Order in terms of the Constitution (Scheduled Castes) Order Amendment Act, 2007 which was published in the official gazette on 30.8.2007 and Order dated 30.8.2010 issued by State Government that 'Ezhuvas' and 'Thiyyas' to be treated as OBCs, and the decision being prospective in nature, benefit granted to respondent till 30.8.2007 shall remain undisturbed - Respondent shall not be entitled to claim any benefit in future as a scheduled caste candidate but no benefit admissible to him as an OBC candidate shall be denied.Judgements:Finality of judgment- Order dated 25.2.1987 passed by High Court allowing the claim of respondent (Petitioner before High Court) to belong to 'Thandan' caste, a Scheduled caste - Subsequently, on the basis of observations of a Full Bench of High Court in Pattika Jathi's case, caste certificate of respondent scrutinized and Government passed order declaring him not to belong to 'Thandan' Scheduled caste, but to 'Ezhava' caste, an OBC - Held: Law favours finality to binding judicial decisions pronounced by courts that are competent to deal with the subject matter - Public interest is against individuals being vexed twice over with the same kind of litigation - The only exception to the doctrine of res-judicata is "fraud" that vitiates the decision and renders any judgment, decree or orders a nullity and non-est in the eyes of law - Judgement and order dated 25.2.1987 passed by High Court having attained finality, no fresh or further enquiry into the question settled thereby could be initiated, the observations of the Full Bench of the High Court to the contrary notwithstanding - Res judicata. |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2014 INSC 19 |
Petitioner | R. Unnikrishnan And Anr. |
Respondent | V.k. Mahanudevan And Ors. |
SCR | [2014] 1 S.C.R. 350 |
Judgement Date | 2014-01-10 |
Case Number | 3468 |
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