Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Social status: Thandan community - Appellant applied for the post of High School Assistant in a Government School under reserved category claiming herself to be Scheduled Caste as belonging to Thandan Community |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Social status: Thandan community - Appellant applied for the post of High School Assistant in a Government School under reserved category claiming herself to be Scheduled Caste as belonging to Thandan Community - She was appointed to the said post on 3.2.1989 - However, subsequentZv Vigilance Cell held that she did not belong to Thandan Community but was a member of Ezhava!Thiyya Community and therefore was not a person belonging to Scheduled Caste Community - In the instant appeals, the issue in dispute is regarding the status of appellant as to whether she belongs to Thandmi Community or not - Held: Ajier judgment of Pa/ghat Ji/la :1ยท. Ezhuvas and Thiyyas who are also known as Thandan in the erstwhile Cochin and Malabar are no longer Scheduled Castes in the State of Kera/a - However, this amendment is prospective and, therefore, the said changed position become effective only from 30.8.2007, the da.te when the amendment was notified - The appellant was treated as Thandan and, thus, belonging to Scheduled Caste Community on the basis of Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 and she was appointed as High School Assistant on 3.2.1989 treating her as Scheduled Casie - The posilion changed only w.ef 30.8.2007 with the Amendment Act of 2007 when Thiyyas and Ezhuvas were not lo be treated as part of Thandan and, thus, Scheduled Caste but those who were already conferred the benefit were entitled to continue lo reap the fruit thereof - Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 - Constitution of lndia, 1950 -Articles 341, 366(24) - Constitution Scheduled Castes (Modification) Order, 1956 - Constitution (Scheduled Castes) Order, 1950. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2016 INSC 316 |
Petitioner | T. Kocha |
Respondent | State Of Kerala & Ors. |
SCR | [2016] 3 S.C.R. 368 |
Judgement Date | 2016-04-13 |
Case Number | 6126-6127 |
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