Kerala High Court
Haridas M vs State Of Kerala on 24 May, 1972
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
WEDNESDAY, THE 29TH DAY OF MAY 2013/8TH JYAISHTA 1935
WP(C).No. 13464 of 2013 (G)
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PETITIONER:
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HARIDAS M, AGED 20 YEARS,
S/O MANIKANDAN K., HOUSE NO.18/439, MALAYAN KAVU
PUTHUSSERY, PALAKKAD.
BY ADVS.SRI.M.R.ANISON
SMT.K.P.GEETHAMANI
SMT.P.A.RINUSA
SMT.ANNIE JACOB
RESPONDENTS:
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1. STATE OF KERALA
REP. BY ITS SECRETARY TO GOVERNMENT
SCHEDULED CASTES AND SCHEDULED TRIBES DEVELOPMENT DEPARTMENT
THIRUVANANTHAURAM-695001.
2. THE DIRECTOR,
DIRECTORATE OF KERALA INSTITUTE FOR RESEARCH TRAINING AND
DEVELOPMENT STUDIES FOR SCHEDULED CASTE AND SCHEDULED TRIBES
(KIRTADS), KOZHIKODE-673 017.
3. THE TAHSILDAR,
TALUK OFFICE, PALAKKAD - 678 001.
BY SENIOR GOVERNMENT PLEADER SRI. K.C. VINCENT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29-05-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 13464 of 2013
APPENDIX
PETITIONER'S EXHIBITS:
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EXHIBIT P1: TRUE COPY OF THE RELEVANT PAGE OF THE PETITIONER'S
S.S.L.C. BOOK.
EXHIBIT P2: TRUE COPY OF THE SCHOOL ADMISSION REGISTER OF THE
PETITIONER'S FATHER DATED 24.5.1972.
EXHIBIT P3: A TRUE COPY OF THE SCHOOL ADMISSION REGISTER OF
PETITIONER'S FATHER'S BROTHER'S SON.
EXHIBIT P4: TRUE COPY OF THE SCHOOL COMMUNITY CERTIFICATE DATED
10.10.1981 ISSUED TO THE PETTIONER'S FATHER'S BROTHER'S SON.
EXHIBIT P5: TRUE COPY OF THE CERTIFICATE DATED 13.3.1980 ISSUED BY
THE VILLAGE OFFICER, PUDUSSERY WEST.
EXHIBIT P6: TRUE COPY OF THE ORDER DATED 22.5.2013 ISSUED BY THE 3RD
RESPONDENT.
EXHIBIT P7: TRUE COPY OF THE LETTER ISSUED BY THE SECRETARY TO
GOVE4RNMENT DATED 19.12.1986.
EXHIBIT P8: TRUE COPY OF THE JUDGMENT DATED 7.11.2003 IN
O.P.NO.20100/2003.
EXHIBIT P9: TRUE COPY OF THE JUDGMENT DATED 28.10.2011 IN WPC
NO.28700/2011.
RESPONDENTS' EXHIBITS : NIL
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//TRUE COPY//
P.A. TO JUDGE
SMV
P.R. RAMACHANDRA MENON, J.
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W.P.(C)No. 13464 OF 2013
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Dated this the 29th May, 2013
J U D G M E N T
Heard the learned counsel for the petitioner and also the learned Government Pleader.
2. Petitioner claims to be a member of 'Kadaiyan' community which is a scheduled caste in the State of Kerala. He applied for admission to Degree Course in the quota earmarked for schedule caste candidates and he has to produce a community certificate along with the application. Accordingly he made an application to the 3rd respondent. The petitioner contends that the 3rd respondent has already conducted an enquiry, still, without any reason whatsoever, he requested for a clarification from the 2nd respondent. It is in such circumstances, that this writ petition has been filed.
3. The learned Government Pleader opposes the prayer for issuance of a certificate and submits that, it was because there are several fraudulent claims, that the Tahsildar has sought for a clarification. It is also submitted that the individual community status of the petitioner is a matter which is to be enquired into and therefore the certificate is not liable to be issued at this stage.
W.P.(C)No. 13464 OF 2013 2
4. Although the respondent is free to conduct any enquiry, if felt, is necessary, still it is to be taken note of that, even the Tahsildar has not made any statement disputing the caste status of the petitioner. It is in spite of this fact, that he has sought for clarification.
5. This Court finds that, so long as the caste status of the petitioner is not disputed or even doubted by the Tahsildar, it is unfair to deny certificate to the petitioner, thus depriving him from seeking admission for higher courses. Therefore, this Court directs that, on the production of a copy of this judgment, the 3rd respondent shall issue a certificate, certifying the caste status of the petitioner forthwith.
6. It is made clear that, any benefit derived on the strength of such certificate will be liable to be recalled, if in the enquiry, it is found that the petitioner does not belong to the schedule caste community as claimed by him.
The writ petition is disposed of, as above.
P.R.RAMACHANDRA MENON JUDGE lk/sv