R. UNNIKRISHNAN AND ANR. versus V.K. MAHANUDEVAN AND ORS.

Citation: [2014] 1 S.C.R. 350 · Decided: 10-01-2014 · Supreme Court of India · Bench: T.S. THAKUR · Disposal: Dismissed

Cited by 3 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
B 
[2014] 1 · S.C.R. 350 
R. UNNIKRISHNAN AND ANR. 
v. 
V.K. MAHANUDEVAN AND ORS. 
(Civil Appeal No. 3468 of 2007) 
JANUARY 10, 2014 
[T.S. THAKUR AND VIKRAMAJIT SEN, JJ.) 
Social status certificate: 
c 
Scheduled caste certificate - Claim of respondent that 
he belonged to 'Thandan' caste, a Scheduled Caste, allowed 
by High Court by order dated 25.2.1987 on the report of 
KIRTADS and statement made by State counsel -
Subsequently, on the basis of observations made by Full 
0 
Bench of High Court in Pattika Jathi's case, caste certificate 
of respondent scrutinized and Government declaring him not 
to belong to 'Thandan' caste, but to 'Ezhava' community, an 
OBC - High Court holding the judgment dated 25.2.1987 as 
binding between parties - Held: order dated 25. 2. 1987 passed 
E by High Court which had attained finality did not permit a fresh 
enquiry into the caste status of writ-petitioner- Inasmuch as 
High Court quashed the said proceedings and the order 
passed by State Government pursuant thereto, it committed 
no error to warrant interferen·;e - However, in view of 
Presidential Order in terms of the Constitution (Scheduled 
F 
Castes) Order Amendment Act, 2007 which was published in 
the official gazette on 30.8. 2007 and Order dated 30.8.2010 
issued by State Government that 'Ezhuvas' and 'Thiyyas' to 
be treated as OBCs, and the decision being prospective in 
nature, benefit granted to respondent till 30. 8. 2007 shall 
G remain undisturbed - Respondent shall not be entitled to 
claim any benefit in future as a scheduled caste candidate 
but no benefit admissible to him as an OBC candidate shall 
be denied. 
H 
350 
R. UNNIKRISHNAN v. V.K. MAHANUDEVAN 
351 
Judgements: 
Finality of judgment- Order dated 25.2.1987 passed by 
High Court allowing the claim of respondent (Petitioner before 
High Court) to belong to 'Thandan' caste, a Scheduled caste 
A 
- Subsequently, on the basis of observations of a Full Bench 8 
of High Court in Pattika Jathi's case, caste certificate of 
respondent scrutinized and Government passed order 
declaring him not tobelong to 'Thandan' Scheduled caste, but 
to 'Ezhava' caste, an OBC - Held: Law favours finality to 
binding judicial decisions pronounced by courts that are 
competent to deal with the subject matter - Public interest is C 
against individuals being vexed twice over with the same kind 
of litigation - The only exception to the doctrine of res-judicata 
is "fraud" that vitiates the decision and renders any judgment, 
decree or orders a nullity and non-est in the eyes of law -
Judgement and order dated 25.2.1987 passed by High Court D 
having attained finality, no fresh or further enquiry into the 
question settled thereby could be initiated, the observations 
of the Full Bench of the High Court to the contrary 
notwithstanding - Res judicata. 
Respondent no. 1 applied for and, pursuant to order 
dated 25.2.1987 passed by High Court in O.P. No. 9216 
of 1986, was issued a caste certificate showing that he 
was a 'Thandan', which was a notified Scheduled Caste. 
E 
He was appointed as an Assistant Executive Engineer F 
under a special recruitment scheme for ST/SC 
candidates. Subsequently, a Full Bench of the High Court 
in Pattika Jathi's case held that a large number of 
applications for change of caste name from 'Thiyya' to 
'Thandan' had been received pursuant to the Scheduled G 
Castes and Scheduled Tribes Order (Amendment) Act, 
1976 and ordered that all such certificates as were 
corrected on the basis of such applications after 
27.7.1977 ought to be scrutinized by a Scrutiny 
Committee. Consequently, the caste certificate issued in 
H -
352 
SUPREME COURT REPORTS 
[2014] 1 S.C.R. 
A favour of the respondent also came under scrutiny and 
it was found that the respondent actually belonged to 
Ezhuva community which fell under the OBC category. 
Ultimately, State Government concurred with the report 
and declared respondent no. 1 as not belonging to 
B Thandan Community, a Scheduled Caste, but belonging 
to 'Ezhava' Community included in the list of Other 
Backward Classes. Respondent no. 1 and his brother 
(respondent in C.A. No. 3470 of 2007) challenged the 
order passed by the Government before the High Court 
c in O.P. No.5596 of 2003 and Writ Petition (C) No.20434 of 
2004 respectively which were allowed by a Single Judge 
of the High Court primarily on the ground that the issue 
of caste certificate to the respondent had already been 
concluded by the Hi

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