AIR 1997 KERALA 149 ::1997 (1) KerLT 299 ::1996 (2) Ker LJ 316 ::(1997) ILR(ker) 1 KER 92

Kerala High Court

Hon'ble Judge(s): K. G. Balakrishnan, B. N. Patnaik , JJ

Constitution of India , Art.341, Art.342— SC/ST caste status - Determination by Scrutiny Committee consisting of less than three members - Invalid in eye of law. The Supreme Court in the case of Kumari Madhuri Patil, AIR 1995 SC 94, directed all State Governments to constitute Scrutiny Committee for verification of SC/ST claim. The direction given by Supreme Court is to the effect that there shall be three members in the Committee. The Committee has been given very important powers and duties to determine the caste status of the persons. The decision of the Committee having serious consequences with regard to the right of the person whose caste status is decided and in such circumstances the Committee shall have the composition as directed by the Supreme Court. Where the State Government had constituted the Committee consisting of three members but when the matter relating to taste status of a person was heard, there were only two members of the Committee, the decision taken by the Committee consisting of lesser than three members cannot be treated as valid in the eye of Law. The Secretary to Government in charge of the Scheduled Caste and Scheduled Tribes Development Department was the Chairman of the Committee and the Director of Scheduled Caste Development Department was the member of the Committee and he was also holding the charge of Dir....