ORDER 1. In terms of government order dated 13-12-1978, Hindu Nadals as well as SIUC Nadals were clubbed together. In implementation of the said order, the Kerala State and Subordinate Services Rules (for short "the Rules") were amended on 20-6-1979 and 13-12-1982. Prior to the issue of the government order and the aforesaid Rules, Christian Nadars, as per government order dated 13-5-1963, had one per cent reservation along with Anglo-Indians as part of SIUC. Hindu Nadals were part of residuary category of Backward Classes with ten per cent reservation for different castes falling in the said residuary category. 2. The government order of 1978 and the amended Rules of 1979 and 1982, referred to above, have been quashed by the High Court by the impugned judgment and order dated 28-8-2000. The impugned order also gives directions as to the category in which Hindu Nadals and the slue Nadals would remain. 3. After hearing the learned counsel for the parties, it seems that there has been some confusion in the proper understanding of the directions issued by the High Court as to the category in which the two groups aforesaid, would fall. Tentatively, it is agreed, subject to the learned counsel taking specific instructions from their respective clients, that the two groups shall remain as a separate class. The matter as to the extent of reservation would be determined by the Kerala State Commission for Backward Classes (for short "the Commission") under the provisions of the Kerala State Commission for Backward Classes Act, 1993 and orders passed on receipt of the report from the Commission by the State Government. In the interregnum, SIUC Nadals, as before, would continue to have reservation of one per cent with AngloIndians and Hindu Nadals would continue to be part of residuary category, aforenoted, and would be part of Other Backward Classes entitled to ten per cent reservation along with other castes. It is further agreed, tentatively, that if the parties finally agree on the aforesaid issues, consequential directions may also be made protecting the interests of those who may have been appointed after the pronouncement of the impugned judgment and order but, may be, not on the complete understanding of the directions given by the High Court.
It is further agreed, tentatively, that if the parties finally agree on the aforesaid issues, consequential directions may also be made protecting the interests of those who may have been appointed after the pronouncement of the impugned judgment and order but, may be, not on the complete understanding of the directions given by the High Court. The question of the extent of reservation would be examined by the Commission as also the question whether the Hindu Nadals and SIUC Nadals deserve to be clubbed with any other class or not. It is, however, agreed that the Hindu Nadals and SIUC Nadals would remain as separate class and both these groups would not be clubbed together. This aspect would not be open to be examined by the Commission. 4. If the parties are able to obtain instructions, as aforesaid, a common a memorandum shall be drafted and placed before the Court. 5. List the matters after three weeks for directions. 6. Not to be treated as part-heard. Court Masters