DETERMINATION OF CASTE - INTERFERENCE

 

Interference with the orders - Supervisory power of the High Court -  Court should certainly interfere when the reasoning of the lower authorities is perverse and is not susceptible to ordinary common sense - Economic criterion is not the guiding principle to deny a person the benefit of Scheduled Caste if he actually belongs to that caste. The remedy against the finding of scrutiny committee is a person under Art. 226. [ Haridasan vs State of Kerala. 2000 (2) KLT 913. Dr.AR.Lakshmanan & S.Sankarasubban (J&J)]

Cancellation of wrong SC/ST certificate. The person concerned is entitled to plead for estoppel merely on the ground of having enjoyed the status under such certificate for a long period. Courts have no power to give effect to the notification issued by the President specifying the Scheduled Castes and Tribes. [ Vijayalakshmi vs Tahasildar. 2000 (2) KLT 811. Chief Justice Arijit Pasayat & K.S.Radhakrishnan (J)]

Part - VII - Schedule " Kadar" community in the whole of the State of Kerala belongs to Schedule tribe. [ Kannan vs State of Kerala. 2000 (2) KLT 657. K.A.Abdul Gafoor (J)]

Art.341 - Person born of Christian Parents cannot claim to be member of Scheduled Caste if his parents converted prior to his birth and ceased to be members of the Scheduled Caste - His subsequent convention into a Scheduled Caste Community also will not entitle him to claim the benefits available to Scheduled Caste. [Ralli Brothers & Coneys v. Ashok Textiles, 2000 (1) KLT 36.  M.R. Hariharan Nair (J)]