K. Sreedharan, J.@mdashThe short question that arises, for consideration in these petitions is whether the caste Palluvan mentioned in the Schedule to the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 (Act No.108 of 1976) takes in Pullman. In the Constitution (Scheduled Castes) Order, 1950, ''Pulluvan'' was included as one of the Scheduled Castes. (This fact is admitted in paragraph-2 of the. counter affidavit). But when it was amended in 1956 and the list of scheduled castes was revised, the community''s name was entered as ''Palluvan''. In the Schedule to the 1976 order also the community that was included is "Palluvan". Petitioners would contend that there is no community by name "Palluvan" in the State of Kerala and the community that is included by the orders of 1956 and 1976 can only be ''Pulluvan''. The name shown in the order as ''Palluvan'' is a mistake for the word ''Pulluvan''.
2. Hand Book on Reservations for Scheduled Castes and Scheduled Tribes in services published by the Government of Kerala in 1976 mentioned ''Pulluvan'' as a Scheduled Caste through out the State except Malabar District. It is worth-while to note that no community by name ''Palluvan'' is included in the said list.
3. Government of Kerala appointed a Commission under the Chairmanship of Dr. Babu Vijayanath in the year 1978 to report on the socio-economic condition of Scheduled Castes and Scheduled Tribes. In Part-I of Volume No. I of the said report, while dealing with the mistakes in the list attached to the Constitution (Scheduled Castes) Order, 1976, the Commission noted:
Another example is that of Palluvans. The caste Pulluvan was included in the List of Schedule caste of the erstwhile Travancore Cochin area. They are now excluded and a caste Palluvan is included. This also may be a clerical error.
While making its recommendation the Commission stated:
The caste Pulluvan and Chemman should be included in the list of Schedule Caste rectifying the mistake in spelling on the present list.
It went on to state :
Pulluvan representatives claimed that they deserve the inclusion in the list in view of their backwardness. They sing a particular type of song ''Sarpam Pattu'' in connection with the worship of ''Serpants''. They live on what little amount is paid by the households. They were of opinion that they are actually included in the list but denied the benefit due to a technical objection. A caste by name Palluvan is included in the Schedule caste list and about 1400 were enumerated in 1971 census. Pulluvans argued that such a caste does not exist in Kerala and is only a clerical error for Pulluvan. It may be stated here that the caste Palluvan was not enumerated during the sample socio-economic survey of the Commission.
4. History of Pulluvan community is traced in the books like "Castes and Tribes in Southern India" by Edgar Thurston, Travancore Manual'' by T.K. Vellu Pillai, ''Castes and Tribes of Cochin State'' by Ananthakrishna Iyer etc. Edgar Thurston has observed:
Pulluvans of Malabar are astrologers, Medicinemen, priests and singers in snake groves. The name is derived from hawk, because Pulluvan is clever in curing the disorders which pregnant woman and babies suffer from through the evil influence of these birds.
The Pulluvans are some-times called ''Vaidyans''.
From these treatises it is evident that ''Pulluvan'' is a socially and educationally backward community and they are treated to be untouchables. It is worthwhile to note that no book makes any reference to a community by name ''Palluvan''.
5. Government have filed a detailed counter affidavit. The stand taken therein is that members of ''Pulluvan'' community cannot claim the benefit as members of Scheduled Caste because Pulluvan is not included in the Constitution ''(Casts) Order, 1976. But they have admitted therein that there is no community in existence in the whole of Kerala by name ''Palluvan''.
6. Government by G.O.Ms, No. 600/59/Ltd. AD dated 31-7-1959 have ordered that the caste called "Pulluvan" will get the benefits of Scheduled Caste pending revision of the list of Scheduled Castes by the Government of India. That order is still in force.
7. In the above circumstances, petitioners want a declaration from this court that the community mentioned as Talluvan'' in the Constitution (Scheduled Castes) Order 1976 is the same as Pulluvan and that members of the Pulluvan Community are entitled to the benefits of the said order. Presidential order mentions ''Palluvans'' as scheduled caste. Such a community is not in existence. President could not have included in the order a non-existent caste. President''s order cannot be taken as one giving no sense. Sense can be attributed to it only if Talluvan is read as ''Pulluvan''. The mistake is the result of a typographic error. That error has to be set right by court. Other-wise it will lead to absurdity which should be avoided.
8. In Thevan v. Union of India (1985 KLT 30) this court declared that Pulaya is the same as Pulayan notified as Scheduled Caste under the Presidential order and that the distinction sought to be made out is without any difference. This decision can be taken as a precedent for this court to declare that Palluvan mentioned in the 1976 order in relation to a non existent community is regarding Pullmans of Kerala and that "Pulluvans" are thus entitled, to all benefits of Scheduled Castes.
9. Learned Government Pleader brought to my notice a decision rendered by me in O. P. 1145/87 which was disposed of at the admission stage. In that decision it was observed:
Since the Lists I and III referred to two communities, Palluvan and Pulluvan, it is not possible to come to the conclusion that there is no community known by the name Palluvan and the inclusion of that term in List-I was intended to take in Pullmans.
In the light of this observation the learned Government Pleader submitted that it may not be proper for this court to declare that Palluvan included in the list actually takes in Pulluvan. This argument at the first blush may appear to be quite attractive, but on a closer scrutiny I am not impressed with this argument. In that case, it was not urged before me that there exists no community by name ''Palluvan''. Had such an argument been advanced the decision would have been other-wise. Now the Government have conceded that there is no community by name ''Palluvan'' in the Kerala State. The Central Government while enacting the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976, wanted to confer the members belonging to Palluvan community the benefit of that order. Since there is no Palluvan community within the state, it can certainly be taken that the Central Government wanted the benefits to be conferred on ''Pulluvan'' community. So, the word ''Palluvan'' included in the said order can only be in relation to ''Pulluvan'' and ''Palluvan'' included in the list is a printer''s devil.
10. In view of what has been stated above, I hold that members of the Pulluvan community in the State of Kerala are entitled to the benefits as members of Scheduled Castes under the Constitution (Scheduled Castes) Order 1976, It is so declared. Petitioners in O. P. 7917 have made yet another prayer for the issuance of a writ of mandamus compelling respondents 2 to 4 to treat them as members of the scheduled castes and to give admission to the Medical and, Engineering courses. First petitioner seeks admission to MBBS course while 2nd petitioner wants admission to the Engineering Degree course. Petitioners in their application to the above course did not put forward claim as members belonging to scheduled caste community. So, the seats set apart to the members of the scheduled caste community were allotted to those who claimed the benefits. Now on account of the declaration that Pulluvans are members of the scheduled caste, petitioners who are members of the ''Pulluvan'' community are entitled to the benefits of scheduled caste community. If so treated the entire selection will have to be up-set. This course will cause very great confusion now. The entire admission given to candidates from scheduled castes will have to be reviewed. At-least one candidate each from those got admission to the Engineering and Medical courses have to be dropped. Candidates who got selection in the quota set apart for scheduled castes are not before this court. Without hearing them, no order adverse to them can be issued. In these circumstances, I do not consider it just and proper to grant the above prayer made by them.
The Original Petitions are disposed of in the above terms.
