Kerala High Court
OP/20256/1995 of S.DINAKA RAJ Vs STATE OF KERALA on 10 April 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.M.MANOJ THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 OP NO. 20256 OF 1995 PETITIONER: S.DINAKA RAJ BY ADVS. SRI.S.M.PREM SMT.K.P.SANTHI RESPONDENT: STATE OF KERALA BY ADV SRI.K.A.BALAN OTHER
2025:KER:32189
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947
OP NO. 20256 OF 1995
PETITIONER:
S.DINAKA RAJ
BY ADVS.
SRI.S.M.PREM
SMT.K.P.SANTHI
RESPONDENT:
STATE OF KERALA
BY ADV SRI.K.A.BALAN
OTHER PRESENT:
SRI.ROBIN RAJ,SPECIAL GOVERNMENT PLEADER
THIS ORIGINAL PETITION HAVING COME UP FOR ADMISSION ON
10.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P. No.20256 of 1995
2
2025:KER:32189
P.M. MANOJ, J
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O.P. No.20256 of 1995
-------------------------------------------------- Dated this the 10th day of April, 2025
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JUDGMENT
The writ petition is preferred fundamentally challenging Ext.P1(20), which is the order of the Scrutiny Committee contesting the petitioner’s status as a member of a Scheduled Caste. Though the finding was against the petitioner, a technicality persists regarding the validity of the order, as it was signed only by the Chairman of the Scrutiny Committee. In similar situations and in other judgments, this Court has followed the dictum laid down by the Division Bench in O.P.(KAT) No.399 of 2017 dated 30.08.2019, wherein it was found that the order was signed only by the Chairman, which renders it unsustainable unless all members of the Scrutiny Committee have signed it. Applying the same ratio, this writ petition is allowed, and Ext. P1(20) is set aside. Sd/- P.M.MANOJ JUDGE sss