Judgment: 1. A common question arises for consideration in these writ petitions. They were therefore heard together and are being disposed of by this common judgment. WP(C) No.15448 of 2008 is treated as the main case and unless otherwise specified, the documents referred to are those produced therein. 2. The petitioner in these writ petition belong to Wayanad district. All of them claim to be members of the Pathiyan community, which is a scheduled caste in the State of Kerala. The petitioners applied to the Tahsildar, Sultan Bathery Taluk for the issuance of a caste certificate to the effect that they belong to the Pathiyan community which is recognized as a scheduled caste in the State of Kerala. He in turn informed them that persons belonging to the Pathiyan community in Wayanad district are not members of a scheduled caste community, but are included only in the list of Other Eligible Communities and therefore, they should move the Village Officer concerned for caste certificates. The petitioners thereupon moved and the Village Officer who issued community certificates to the effect that they belong to the Pathiyan community, which is included in the list of Other Eligible Communities in the State of Kerala. 3. The petitioner in W.P.(C) No.15448 of 2008 did not let the matter rest there. He filed W.P.(C) No.7566 of 2008 in this Court seeking a direction to the Tahsildar to issue a caste certificate to the effect that he belongs to the Pathiyan Community, which is a scheduled caste in the State of Kerala. By Ext.P5 judgment delivered on 7.3.2008, a learned single Judge disposed of the writ petition with a direction that in the event of the petitioner moving the Tahsildar concerned for a caste certificate, the Tahsildar will consider the same and pass orders thereon within ten days from the date of receipt of the application. By Ext.P5 judgment delivered on 7.3.2008, a learned single Judge disposed of the writ petition with a direction that in the event of the petitioner moving the Tahsildar concerned for a caste certificate, the Tahsildar will consider the same and pass orders thereon within ten days from the date of receipt of the application. The petitioner in W.P.(C) No.15448 of 2008 thereupon moved the Tahsildar, Sultan Bathery, who by Ext.P7 memo dated 17.4.2008 informed him that as per Entry 37 in Part VIII of the Schedule to the Constitution (Scheduled Castes) Order, 1950, as amended, only those members of the Pathiyan community, who are washermen, are included in the list of scheduled castes, that the petitioner does not belong to that community, but only to the community known as Pathiyan other than washermen and therefore, he is not eligible for a caste certificate to the effect that he is a member of the Pathiyan community which is a scheduled caste in the State of Kerala. He however, held that it will be open to the petitioner to move the Village Officer concerned and obtain a certificate to the effect that he belongs to the Pathiyan community other than washermen, which is included in the list of Other Eligible Communities in the State of Kerala. W.P.(C) No.15448 of 2008 was thereupon filed inter alia seeking a direction to the Tahsildar, Sultan Bathery Taluk, to issue a caste certificate to the effect that the petitioner belongs to the Pathiyan community, which is a scheduled caste in the State of Kerala. Similar reliefs are sought in the other writ petitions as well. 4. The main contention raised in the writ petitions is that as per Entry 37 in Part VIII of the Schedule to the Constitution (Scheduled Castes) Order, 1950, as amended by Act 51 of 2002, Pathiyan community is recognised as a scheduled caste throughout the State of Kerala along with Mannan, Perumannan, Vannan and Velan, that in view of such inclusion it is not open to the State and its agencies to discriminate among members of Pathiyan community either on the basis of their avocation or on the basis of their place of residence, to deny caste certificates to the effect that they are members of a scheduled caste community. 5. 5. In the counter affidavit dated 24.12.2009 sworn to by the Under Secretary to Government, Ministry of Social Justice and Empowerment, it is stated that the list of scheduled castes in Kerala is contained in Part VIII of the Schedule to the Constitution (Scheduled Castes) Order, 1950, as amended that communities known as Mannan, Pathiyan, Perumannan, Vannan and Velan appear in serial No.37 and Pathiyan community has been clubbed along with communities known as Mannan, Perumannan, Vannan and Velan. It is also stated that the issue and verification of caste certificates is the responsibility of the concerned State Government/Union Territory Administration. In the counter affidavit filed in W.P.(C) No.29860 of 2009 by the very same Under Secretary to Government, Ministry of Social Justice and Empowerment, the deponent has stated as follows:- “4.) It is further submitted that the list of Scheduled Castes of Kerala is contained in “Part VIII” of the Constitution (Scheduled Castes) Order, 1950, as amended from time to time. The ‘Mannan, Pathiyan, Perumannan, Vannan, Velan’ community figures at Sr.No.37 of the list of Scheduled Castes of Kerala. The Pathiyan community has been clubbed with, ‘Mannan, Perumannan, Vannan and Velan’ communities, which shows that only those Pathiyans having affinity with above mentioned communities and pursuing the occupation of washerman have only been notified as Scheduled Castes.” In short, the contention raised in the counter affidavit filed on behalf of the first respondent is that as Pathiyan community has been clubbed along with Mannan, Perumannan, Vannan and Velan it shows that only those Pathiyans having affinity with the aforementioned communities whose occupation is that of washermen have been notified as scheduled castes. 6.) The Tahsildar, Sultan Bathery Taluk has filed a counter affidavit dated 15.10.2008 in W.P.(C) No.15448 of 2008. Similar counter affidavits have been filed in other cases also. 6.) The Tahsildar, Sultan Bathery Taluk has filed a counter affidavit dated 15.10.2008 in W.P.(C) No.15448 of 2008. Similar counter affidavits have been filed in other cases also. In paragraph 2 of the counter affidavit filed by the Tahsildar, Sultan Bathery Taluk in W.P.(C) No.15448 of 2008 it is admitted that the petitioner belongs to Pathiyan (other than washermen) community and is residing in Wayanad district, that the petitioner and his parents and family members are socially, economically and culturally advanced people and none among them were washermen, that persons belonging to the community known as Pathiyan, which is included as item 37 in Part VIII of the Schedule to the Constitution (Scheduled Castes) Order, 1950 are washermen, that members of Pathiyan community in Wayanad district are not engaged in that avocation, that members of Pathiyan community (other than washermen) are included in the list of Other Eligible Communities and therefore, the application submitted by the petitioner was rightly rejected. In paragraph 5 of the counter affidavit it is stated that when the controversy arose regarding the claim made by the petitioner and other persons who are really not members of a scheduled caste community, the issue was referred to KIRTADS and the Director of KIRTADS has in its letter No.D1-746/07dated 4.1.2008 formally informed that the community known as Pathiyan (other than washermen) is a community entirely different from Pathiyan community enlisted as serial No.37 in Part VIII of the Schedule to the Constitution (Scheduled Castes) Order, 1950. It is stated that the Director has also clarified that members of Pathiyan community (other than washermen) are not eligible for getting scheduled caste status. 7.) I heard Sri. S.M. Prasanth, learned counsel appearing for the petitioners, Sri. Alex Varghese and Smt. P. Renuka Devi, learned Central Government Counsel appearing for the Union of India and Smt. P.K. Santhamma, learned Special Government Pleader appearing for the State of Kerala. The question that arises for consideration in these writ petitions is whether the petitioners who admittedly belong to the Pathiyan community (according to the State of Kerala, Pathiyan other than washermen) are entitled to have caste certificates issued to them certifying that they are members of Pathiyan community, which is a scheduled cast in the State of Kerala. The community known as Pathiyan was included as item 52 in Part VIII of the Schedule to the Constitution (Scheduled Castes) Orders Order, 1950. The community known as Pathiyan was included as item 52 in Part VIII of the Schedule to the Constitution (Scheduled Castes) Orders Order, 1950. Later, by Central Act 61 of 2002, Part VIII of the Constitution (Scheduled Castes) Order, 1950 was amended and the community known as Pathiyan was clubbed along with Mannan, Perumannan, Vannan and Velan and included in Entry 37 in Part VIII of the Schedule. It is relying on this entry that the Central and the State Governments contend that only those Pathiyans whose avocation is the same as that of Mannan, Perumannan, Vannan and Velan, (namely washermen community) have been notified as scheduled castes and therefore, the petitioners who belong to Pathiyan community (other than washermen) are not entitled to be recognized as members of a scheduled caste community. The State of Kerala had, in an earlier writ petition filed in this Court, namely, O.P.No.7400 of 1999, by the Pathiyan Samudaya Udharana Samithi, filed a counter affidavit dated 23.7.1999, a copy of which is produced as Ext.P12 in W.P.(C) No.15448 of 2008. Paragraphs 2 to 7 thereof, which are relevant for the purpose of this case, are extracted below:- “2.) The issue involved in O.P.No.7400/99 is just distinguishing of a caste included in the Scheduled Castes list of Kerala with that of a tribal community of Wayanad, spelling of both of which are the same, namely PATHIYAN. But the actual pronounciation of the Scheduled Caste is Pathiyan (LAGUAGE) whereas the tribal community is Pathiyan (LANGUAGE) The traditional occupation of Pathiyans included in the Scheduled Castes list is washing. Therefore, while denoting Pathiyans of Wayanad usually it is indicated as follows: “Pathiyan (Other than Washerman)” In this background, the statement that Pathiyan is a caste, is wrong. It is a tribe. 3.) Pathiyan is a tribal community fit to be included in Scheduled Tribes list of Kerala. But the Scheduled Tribes list of Kerala does not contain such a tribe. Amendment of the Scheduled Tribes list is a constitutional process, for which the Parliament alone is competent. 4.) Serial No.52 of Ext.P1 list does not contemplate the petitioners. It is the Pathiyan (LANGUAGE) Caste of Central Travancore that is included therein. The petitioner used to send up representation to Government for inclusion of Pathiyan community in the Scheduled Tribes list of Kerala. 4.) Serial No.52 of Ext.P1 list does not contemplate the petitioners. It is the Pathiyan (LANGUAGE) Caste of Central Travancore that is included therein. The petitioner used to send up representation to Government for inclusion of Pathiyan community in the Scheduled Tribes list of Kerala. In his representation dated 5.8.97 he has stated as follows:- “The Pathiyan community which is to be included in the Scheduled Tribes list has not yet been able to get the consideration inspite of the efforts made so far. As there is Pathiyans belonging to Scheduled Castes in Kerala, the Pathiyans of Wayanad used to get the educational and other benefits to Scheduled Castes earlier. But after 1986 those were denied and included in the O.E.C. Really on a factual enquiry it will become clear that Pathiyans of Wayanad are a community eligible to be included in the list of Scheduled Tribes. “(Translated to English)”. Thus while asserting their tribal status and acknowledging the existence of another Pathiyans in the State who are classified as Scheduled Castes, the petitioner is estopped from contending that the Pathiyans of Wayanad are a Schedule Caste. 5.) The community included in the Scheduled Castes list as Pathiyan is the Pathiyans (LANGUAGE) of erstwhile Central Travancore areas. Only the castes satisfying the criterion fixed for consideration as Scheduled Castes have been included in the Scheduled Castes list. Those fit for inclusion in the Scheduled Tribes list have been included in that list. As Pathiyans of Wayanad are a Tribal community, they cannot claim Scheduled Caste status and cannot enjoy the benefits intended for Scheduled Castes. It might be by mistake that the Pathiyans of Wayanad are granted benefits of Scheduled Castes previously. 6. The general position of law stated in para 7 of the original petition is correct. By the same reasoning a tribal community, which itself asserts that it is to be included in the Scheduled Tribes list, cannot be considered as a Scheduled Caste and benefits allowed accordingly. 7. The statement that there is only one caste called Pathiyan in Kerala is not fully correct. The petitioner himself has in his representation to Government for inclusion of ‘Pathiyan of Wayanad’ in the Scheduled Tribes list referred to Pathiyans which is a Scheduled Caste and distinguished themselves from those Pathiyans. 7. The statement that there is only one caste called Pathiyan in Kerala is not fully correct. The petitioner himself has in his representation to Government for inclusion of ‘Pathiyan of Wayanad’ in the Scheduled Tribes list referred to Pathiyans which is a Scheduled Caste and distinguished themselves from those Pathiyans. The petitioner’s group is a tribal community whereas the Pathiyan (LANGAGE) in the Scheduled Castes list is a separate endogamous group of Central Travancore having washing as their traditional occupation. It is not correct to say that by Ext.P3 Government excluded Pathiyans from the Scheduled Castes list of Kerala. Not only that there is no indication in Ext.P3 that it is for exclusion of any community, But also it is for granting benefits to the tribal communities included in that order. The Pathiyans of Central Travancore, the Scheduled Caste, have no complaint that by Ext.p3 they are denied the benefits of Scheduled Castes.” In paragraph 16 of the counter affidavit filed in O.P. No.7400 of 1999 it was contended that the State Government have made special recommendation for early amendment of the Constitution (Scheduled Tribes) Order, 1950 to include Pathiyan of Wayanad district and that the delay in including Pathiyan community in the list of Scheduled Tribes is on the part of the Parliament. 8. Paragraph 2 of the Constitution (Scheduled Castes) Order, 1950, reads as follows:- “Subject to the provisions of this Order, the castes, races or tribes or part of, or groups within, castes or tribes, specified in Parts I to XIX of the Schedule to this Order shall, in relation to the States to which those Parts respectively relate, be deemed to be Scheduled Castes so far as regards member thereof resident in the localities specified in relation to them in those parts of that Schedule.” It is stipulated that subject to the provisions of the Order, the castes, races or tribes or part of, or groups within, castes or tribes, specified in Parts I to XIX of the Schedule to the Constitution (Scheduled Castes) Order, 1950 shall, in relation to the States to which those Parts respectively relate, be deemed to be scheduled castes so far as regards member thereof resident in the localities specified in relation to them in those parts of that Schedule. In other words, on the terms of paragraph 2 of the Constitution (Scheduled Castes) Order, 1950, a person belonging to the Pathiyan community in the State of Kerala, irrespective of the locality where he or she is residing, is entitled to be recognized as a member of a scheduled caste community. The stand taken by the State and the Central Governments is that only those Pathiyans, who are washermen, are entitled to be recognized as members of the scheduled caste community known as Pathiyan. In other words, the attempt of the respondents is to justify the exclusion of a section of Pathiyans residing in the Wayanad district in the State of Kerala on the ground that they are not washermen, though they are known as Pathiyans. That stand is reflected in Ext.P7 order produced in Ext.P7 order produced in W.P.(C) No.15448 of 2008. 9. A similar issue arose for consideration before the Hon’ble the Supreme Court of India in the case of Thandans. As per the Constitution (Scheduled Castes) Order, 1950, Thandan in the State of Kerala was declared as a scheduled caste – vide item 51 in Part VIII to the Schedule to the Constitution (Scheduled Castes) Order, 1950, as it originally stood. Though the Constitution (Scheduled Castes) Order, 1950 was amended in the year 1976, no amendment was carried out in Part VIII. The State of Kerala however, denied caste certificates to members of Thandan community in erstwhile Malabar district on the ground that they are really Ezhavas and the term Thandan is only a little conferred on them. Giving a quietus to the issue, the Apex Court held in Palgaht Jilla Thandan Samudhaya Samrakshana Samithi v. State of Kerala, 1994 (1) KLT 118, that by reason of Article 341, even assuming that there is a section of Ezhavas/Thiyyas which is called Thandan in some parts of Malabar area, that section is also entitled to be treated as a scheduled caste, as Thandans throughout the State of Kerala are deemed to be a scheduled caste by reason of the provisions of the Scheduled Castes Order as it stands. The Apex Court held that once Thandans throughout the State are entitled to be treated as a scheduled caste by reason of the Scheduled Castes Order as it stands, it is not open to the State Government to say otherwise, as it has purported to do in the 1987 order. The Apex Court held that once Thandans throughout the State are entitled to be treated as a scheduled caste by reason of the Scheduled Castes Order as it stands, it is not open to the State Government to say otherwise, as it has purported to do in the 1987 order. Paragraphs 16, 17, 18 and 19 of the decision of the Apex Court in Palghat Jilla Thandan Samudhaya Samrakshana Samithi v. State of Kerala, (supra) are extracted below for easy reference:- “16.) Article 341 empowers the President to specify not only castes, races or tribes which shall be deemed to be Scheduled Castes in relation to a State but also “parts of or groups within castes, races or tribes” which shall be deemed to be Scheduled Castes in relation to a State. By reason of Art.341 a part or group or section of a caste, race or tribe, which, as a whole, is not specified as a Scheduled Caste, may be specified as a Scheduled Caste. Assuming, therefore, that there is a section of the Ezhavas/Thiyyas community (which is not specified as a Scheduled Caste) which is called Thandan in some parts of Malabar area, that section is also entitled to be treated as a Scheduled Caste, for Thandans throughout the State are deemed to be a Scheduled Caste by reason of the provisions of the Scheduled Castes Order as it now stands. Once Thandans throughout the State are entitled to be treated as a Scheduled Caste by reason of the Scheduled Castes Order as it now stands, it is not open to the State Government to say otherwise, as it has purported to do in the 1987 order. 17.) We may usefully draw attention to the judgment of a Bench of three learned Judges of this Court in Srish Kumar choudghury v. State of Tripura and ors., 1990(Supp.) SCC 220. This judgment considered Constitution Bench judgments in aB.Basavalingappa v. D.Munichinnappa, 1965-1 SCR 316, and Bhaiyalal v. Harikishan Singh and others (1965) 2 SCR 877, and certain other judgments. It held that the two Constitution Bench judgments indicated that any amendment to the Presidential Orders could only be by legislation. The Court could not assume jurisdiction and order an enquiry to determine whether the terms of the Presidential Order included a particular community. It held that the two Constitution Bench judgments indicated that any amendment to the Presidential Orders could only be by legislation. The Court could not assume jurisdiction and order an enquiry to determine whether the terms of the Presidential Order included a particular community. A State Government was entitled to initiate appropriate proposals for modification in cases where it was satisfied that modifications were necessary and, if after appropriate enquiry, the authorities were satisfied that a modification was required, an amendment could be undertaken as provided by the Constitution. 18.) These judgments leave no doubt that the Scheduled Castes Order has to be applied as it stands and no enquiry can be held or evidence let in to determine whether or not some particular community falls within it or outside it. No action to modify the plain effect of the Scheduled Castes Order, except as contemplated by Art.341, is valid. 19.) The Thandan community in the instant case having been listed in the Scheduled Castes Order as it now stands, it is not open to the State Government or indeed, to this Court to embark upon an enquiry to determine whether a section of Ezhavas/Thiyyas which was called Thandan in the Malabar area of the State was excluded from the benefits of the Scheduled Castes Order.” The Apex Court allowed the writ petitions and directed the State Government to issue to all members of Thandan community, including those belonging to the erstwhile Malabar district and the present Palakkad district, the benefits due to a scheduled caste included in the Schedule to the Constitution (Scheduled Castes) Order, 1950 as amended upto date and to issue them community certificates accordingly. 10. Long after the said judgment was delivered, the Constitution (Scheduled Castes) Order, 1950 was amended by the Constitution (Scheduled Castes) Order (Amended) Act, 2007, (Act 31 of 2007), whereby Entry 61 in Part VIII of the Schedule was substituted as follows:- “61.) Thandan (excluding Ezhavas and Thiyyas who are known as Thandan, in the erstwhile Cochin and Malabar areas) and (Carpenters who are known as Thachan, in the erstwhile Cochin and Travancore State)”. It was stipulated that Ezhavas and Thiyyas who are known as Thandans in erstwhile Cochin and Malabar areas and Carpenters who are known as Thachan in the erstwhile Cochin and Travancore State will be excluded from Thandan community. It was stipulated that Ezhavas and Thiyyas who are known as Thandans in erstwhile Cochin and Malabar areas and Carpenters who are known as Thachan in the erstwhile Cochin and Travancore State will be excluded from Thandan community. The very same issue was again considered by a Division Bench of this Court, of which I was a member, in Madhavan P. and others v. State of Kerala and others, 2010 (2) Kerala High Court Cases 739. The Division Bench held that in view of the decision of the Apex Court in Palghat Jilla Thandan Samudhaya Samrakshana Samithi v. State of Kerala, (supra), Thandans in Malabar are entitled to all the benefits of the Constitution (Scheduled Castes) Order, 1950 till Part VIII of the Constitution (Scheduled Castes) Order, 1950, was amended by Act 31 of 2007. Still later, a learned single Judge of this Court considered the very same issue in Raveendranath P. v. State of Kerala and others, 2012 (1) KHC 175 and held that benefits accrued to excluded persons cannot be cancelled. 11. The question whether it is open to the State Government to modify, amend or alter an entry in the Constitution (Scheduled Castes) Order, 1950 or the Constitution (Scheduled Tribes) Order, 1950 was considered by the Apex Court on more than one occasion. In State of Maharashtra v. Milind and others, (2001) 1 SCC 4, a Constitution Bench of the Apex Court held as follows:- “11.) By virtue of powers vested under Articles 341 and 342 of the Constitution of India, the President is empowered to issue public notification for the first time specifying the castes, races or tribes or part of or groups within castes, races, or tribes which shall, for the purposes of the Constitution be deemed to be Scheduled Castes or Scheduled Tribes in relation to a State or Union Territory, as the case may be. The language and terms of Articles 341 and 342 are identical. What is said in relation to Article 341 mutatis mutandis applies to Article 342. The laudable object of the said articles is to provide additional protection to the members of the Scheduled Castes and Scheduled Tribes having regard to social and educational backwardness from which they have been suffering since a considerable length of time. What is said in relation to Article 341 mutatis mutandis applies to Article 342. The laudable object of the said articles is to provide additional protection to the members of the Scheduled Castes and Scheduled Tribes having regard to social and educational backwardness from which they have been suffering since a considerable length of time. The words “castes” or “tribes” in the expression “Scheduled Castes” and “Scheduled Tribes” are not used in the ordinary sense of the terms but are used in the sense of the definitions contained in Articles 366 (24) and 366 (25). In this view, a caste is a Scheduled Caste or a tribe is a Scheduled Tribe only if they are included in the President’s Orders issued under Articles 341 and 342 for the purpose of the Constitution. Exercising the powers vested in him, the President has issued the Constitution (Scheduled Castes) Order, 1950 and the Constitution (Scheduled Tribes) Order, 1950. Subsequently, some orders were issued under the said articles in relation to Union Territories and other States and there have been certain amendments in relation to Orders issued, by amendment Acts passed by Parliament.” After a survey of the case law on the point and the provisions of the Constitution it was held that it is not permissible to hold any inquiry or let in any evidence to decide or declare that any tribe or tribal community or part of or group within any tribe or tribal community is included in the general name eventhough it is not specifically mentioned in the entry concerned in the Constitution (Scheduled Tribes) Order, 1950, that the Scheduled Tribes Order must be read as it is and that it is not even permissible to say that a tribe, sub-tribe, part of or group of any tribe or tribal community is synonymous to the one mentioned in the Scheduled Tribes Order if they are not so specifically mentioned in it. The Apex Court also held that the notification issued under clause (1) of Article 342 specifying scheduled tribes, can be amended only by law to be made by Parliament and that it is not open to the State Government or Courts or Tribunals or any other authority to modify, amend or alter the list of scheduled tribes specified in the notification issued under clause (1) of Article 342. The Apex Court overruled the earlier decisions of the Apex Court and held that no enquiry was permissible and no evidence was admissible within the limitations indicated for the purpose of showing what an entry in the presidential order was intended to be. 12. The same principle was reiterated by another Constitution Bench of the Apex Court in E.V. Chinnaiah v. State of Andhra Pradesh, 2005 (1) SCC 394 wherein the Apex Court held as follows:- “13.) We will first consider the effect of Article 341 of the Constitution and examine whether the State could, in the guise of providing reservation for the weaker of the weakest, tinker with the Presidential List by sub-dividing the castes mentioned in the Presidential List into different groups. Article 341 which is found in Part XVI of the Constitution refers to special provisions relating to certain classes which includes the Scheduled Castes. This Article provides that the President may with respect to any State or Union Territory after consultation with the Governor thereof by Public Notification, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that deemed to be Scheduled Castes in relation to that State or Union Territory. This indicates that there can be only one List of Scheduled Caste in regard to a State and that List should include all specified castes, races or tribes or part or groups notified in that Presidential List. Any inclusion or exclusion from the said list can only be done by the Parliament under Article 341 (2) of the Constitution of India. In the entire Constitution wherever reference has been made to “Scheduled Castes” it refers only to the list prepared by the President under Article 341 and there is no reference to any sub-classification or division in the said list except, may be, for the limited purpose of Article 330, which refers to reservation of seats for Scheduled Castes in the House of People, which is not applicable to the facts of his case. it is also clear from the above Article 341 that except for a limited power of making an exclusion or inclusion in the list by an Act of Parliament there is no provision either to sub-divide, sub-classify or sub-group these castes which are found in the Presidential List of Scheduled Castes. Therefore, it is clear that the Constitution intended all the castes including the sub-castes, races and tribes mentioned in the list to be members of one group for the purpose of the Constitution and this group could not be subdivided for any purpose. A reference to the Constituent Assembly in this regard may be useful at this stage. 14.) In the Draft Constitution, there was no Article similar to Article 341 as is found in the present Constitution. Noticing the need for creating a list of Scheduled Castes a Draft Article 300A was introduced in the Draft constitution and while introducing the same Dr. Ambedkar stated the object of introducing the said Article in the following words:- “The object to these two articles, as I stated, was to eliminate the necessity of burdening the Constitution with long lists of Scheduled Castes and Scheduled Tribes. It is now proposed that the President, in consultation with the Governor or Ruler of a State should have the power to issue a general notification in the Gazette specifying all the Castes and tribes or groups thereof deemed to be Scheduled Castes and Scheduled Tribes for the purposes of the privileges which have been defined for them in the Constitution. The only limitation that has been imposed in this: that once a notification has been issued by the President, which, undoubtedly, he will be issuing in consultation with and on the advice of the Government of each State, thereafter, if any elimination was to be made from the List so notified or any addition was to be made, that must be made by Parliament and not by the President. The object is to eliminate any kind of political factors having a play in the matter of the disturbance in the Schedule so published by the President.” (emphasis supplied.) (CAD, Vol.9, Pg.1637) 15.) A discussion that ensued in regard to the framing of this Article indicates that there was an attempt on the part of some of the Members of the Constituent Assembly to empower the States also to interfere with the list prepared by the President under the said Article. As a matter of fact an amendment to this effect was also moved by Shri Kuladhar Chaliha, who while moving the said amendment stated thus:- “That in amendment No.201 of List V (Eighth Week) in clause (2) of the proposed new article 300B after the words ‘Parliament may’ the words “and subject to its decision the State Legislature” be inserted” (CAD, Vol.9, Pg.1638) 16.) Speaking on the amendment Shri Chaliha stated: “I have always been fighting that the Governor should have power to safeguard the rights of the Tribes. I am glad in some measure this has been conceded. Yet I find certain amount of suspicion in that the State Legislature is neglected. The Drafting Committee has not allowed the State Legislature to have a voice. In order to fill up that lacuna I have said that Parliament may and subject to its decision the State Legislature. Somehow or other I feel you have neglected it. In these you have covered a good deal which you had objected to in the past. The Governor has been given power I am glad to say. The only thing is provincial assemblies have no voice in this. Whatever Parliament says they are bound by it; but if there is anything which consistently with the orders of the Parliament they can do anything, they should be allowed to have the power. That is why I have moved this. However, I am thankful this time that the Drafting Committee has assimilated good ideas and only provincial assemblies have been neglected. However, the Governor is there – that is an improvement – Parliament is there and the President is there. Therefore, I thank the Drafting Committee for this.” (CAD, Vol.9 Pg. That is why I have moved this. However, I am thankful this time that the Drafting Committee has assimilated good ideas and only provincial assemblies have been neglected. However, the Governor is there – that is an improvement – Parliament is there and the President is there. Therefore, I thank the Drafting Committee for this.” (CAD, Vol.9 Pg. 1638) 17.) Opposing this amendment Shri V.I. Muniswami Pillai said among other things as follows:- “Sir, I am grateful to the Drafting Committee and also to the Chairman of that committee for making the second portion of it very clear, that in future, after the declaration by the president as to who will be the Scheduled Castes, and when there is need for including any other class or to exclude anybody or any community from the list of Scheduled Castes that must be by the word of Parliament. I feel grateful to him for bringing in this clause, because I know, as a matter of fact, when Harijans behave independently or asserting their right on some matters, the Ministers in some Provinces not only take note and action against those members, but they bring the community to which that particular individual belongs; and thereby not only the individual, but also the community that comes under that category of Scheduled Castes are harassed. By this provision, I think the danger is removed”. (Emphasis supplied) (CAD, Vol.9, P.1639) 18.) After the above discussion it is seen that this amendment came to be defeated and the original draft Articles was approved by the Constituent Assembly which was renumbered as Article 341 in the present Constitution. 19.) This part of the Constituent Assembly Debate coupled with the fact that Article 341 makes it clear that the State Legislature or its executive has no power of “disturbing” (term used by Dr. Ambedkar) the Presidential List of Scheduled Castes for the State. It is also clear from the Articles in part XVI of the Constitution that the power of the State to deal with the Scheduled Castes list is totally absent except to bear in mid the required maintenance of efficiency of administration in making of appointments which is found in Article 335. It is also clear from the Articles in part XVI of the Constitution that the power of the State to deal with the Scheduled Castes list is totally absent except to bear in mid the required maintenance of efficiency of administration in making of appointments which is found in Article 335. Therefore any executive action or legislative enactment which interferes, disturbs, re-arrange, re-groups or re-classifies the various castes found in the presidential List will be violative of scheme of the Constitution and will be violative of Article 341 of the Constitution.” 13. Still later, in Subhash Chandra and another v. Delhi Subordinate Services Selection Board and others, (2009) 15 SCC 458, the Apex Court held as follows:- “75.) If a caste or tribe is notified in terms of the Scheduled Castes Order or the Scheduled Tribes order, the same must be done in terms of clause (1) of Article 341 as also that of Article 342 of the Constitution of India, as the case may be. No deviation from the procedure laid down therein is permissible in law. If any amendment/alteration thereto is required to be made, recourse to the procedure laid down under clause (2) thereof must be resorted to.” 14. The same view was reiterated by the Apex Court in Sree Surat Valsad Jilla K.M.G. Parishad v. Union of India, (2007) 5 SCC 360, wherein it was held that the list prepared by the President under Article 341(1) forms one class of homogeneous group, that only one list is to be prepared by the President and if any amendment thereto is to be made, the same is to be done by parliament and that the State does not have any legislative competence to alter the same. Reliance was placed on the decisions inE.V. Chinnaiah v. State of Andhra Pradesh (supra) and Maharashtra v. Milind (supra). After referring to the decision in State of Maharashtra v.Milind (supra) the Apex Court has in Sree Surat Valsad Jill K.M.G. Parishad v. Union of India (supra) held as follows: “9.) The constitution provides for declaration of certain castes and tribes as Scheduled Castes and Scheduled Tribes in terms of Articles 341 and 342 of the Constitution of India. After referring to the decision in State of Maharashtra v.Milind (supra) the Apex Court has in Sree Surat Valsad Jill K.M.G. Parishad v. Union of India (supra) held as follows: “9.) The constitution provides for declaration of certain castes and tribes as Scheduled Castes and Scheduled Tribes in terms of Articles 341 and 342 of the Constitution of India. The object of the said provisions is to provide for grant of protection to the backward class of citizens who are specified in the Scheduled Castes order and Scheduled Tribes Order having regard to the economic and educational backwardness where from they suffer. The President of India alone in terms of Article 341(1) of the Constitution of India is authorised to issue an appropriate notification therefor. The Constitution (Scheduled Castes) Order, 1950 made in terms of Article 341(1) is exhaustive. 10.) It is, therefore, not for the court to render its opinion as to whether the President was correct in confining inclusion of the caste Mochi within a particular area.” 15. The principles laid down by the Apex Court in the decisions referred to above make it evident that it is not open to the State Government to contend that members belonging to the Pathiyan Community, who are not washerman, are excluded from entry 37 in Part VIII of the Schedule to the Constitution (Scheduled Castes) Order, 1950. As held by the Apex Court, the State cannot, in the guise of providing reservation for the weaker of the weakest, tinker with the Presidential List by sub-dividing the castes mentioned in the Presidential List into different groups. As held by the Apex Court even groups within castes specified in the Schedule to the Constitution (Scheduled Castes) Order, 1950 are deemed to be scheduled castes in localities specified in relation thereto in the Schedule. The Constitution (Scheduled Castes) Order, 1950, as it now stands, does not discriminate among Pathiyans residing in Wayanad district or elsewhere in the State of Kerala. It is also not stipulated that only those Pathiyans whose avocation is that of washermen are recognized as member of a scheduled caste. In such circumstances the stand taken by the respondents that only those Pathiyans whose avocation is that of washermen as in the case of Manna, Perumannan, Vannan and Velan are entitled to be recognized as scheduled caste in the State of Kerala, cannot be sustained. 16. In such circumstances the stand taken by the respondents that only those Pathiyans whose avocation is that of washermen as in the case of Manna, Perumannan, Vannan and Velan are entitled to be recognized as scheduled caste in the State of Kerala, cannot be sustained. 16. The learned Government Pleader appearing for the respondents however contended that against the order refusing to grant the caste certificate, an appeal lies to the higher authority and a revision to the State Government under the provisions of the Kerala (Scheduled Castes & Scheduled Tribes Regulation of Issue of Community Certificate Act, 1996, that the Petitioners have not invoked the said remedy and therefore, the writ petitions are liable to be dismissed on that short ground. The learned Government Pleader also contended that Pathiyans (other than washermen) have been included in the list of Other Eligible Communities and therefore, no real prejudice is caused to them. It is evident from the stand taken by the State Government and the Central Government in this Court that they are of the view that Pathiyans (who are not washermen) are not included in the list of scheduled castes in the State of Kerala. If that be so, no purpose will be served by relegating the petitioners to the appellate remedy available to them before the Revenue Divisional Officer or the revisional remedy before the State Government. I therefore, find no reason why the petitioners should be relegated to the alternate remedies available to them. I accordingly dispose of these writ petitions with a direction to the Tahsildar, Sulthan Bathery Taluk to issue caste certificates to the petitioners certifying that they belong to Pathiyan community, which is a scheduled caste in the State of Kerala after verifying whether they are members of the Pathiyan community. The needful in the matter shall be done and the caste certificates issued within one month from the date on which the petitioners apply for a caste certificate. Needless to say the verification shall be only for the purpose of ascertaining whether the petitioners are really members of the Pathiyan community. The provisional caste certificates issued to the petitioners pursuant to the interim orders passed in these writ petitions shall be treated as regular for all purposes, subjects to such verification.