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Supreme Court of India 2016-04-13 allowed

T. Kocha vs State of Kerala & Ors

Bench: 2 — A.K. Sikri

In Brief

T. Kocha was appointed as a High School Assistant in 1989 under the Scheduled Caste reserved category, claiming membership of the Thandan community. The State later challenged her appointment, arguing she was actually Ezhuva/Thiyya and not Scheduled Caste. The Supreme Court held that under the 1976 Amendment Act, all Thandans throughout Kerala—including Ezhuvas and Thiyyas known as Thandans—were entitled to Scheduled Caste status. The 2007 Amendment Act, which first explicitly excluded Ezhuvas and Thiyyas, operated prospectively only from 30.08.2007. Persons appointed before that date could not be retrospectively deprived of Scheduled Caste benefits. The Court allowed the appeal, upholding Kocha's appointment and right to continue in service.

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