Kerala High Court
Unknown vs (2003) 8 Scc 204 on 7 February, 2011
Author: S. Siri Jagan
Bench: S.Siri Jagan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN
THURSDAY, THE 12TH DAY OF JANUARY 2012/22ND POUSHA 1933
WPC.No. 28531 of 2011 (N)
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PETITIONER
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AKHIL S, AGED 18 YEARS
S/O. SABULAL V.R, T3 TYPE QUARTERS NO.1,
(PUTHUSSERI HOUSE) MEDICAL COLLEGE CAMPUS,
MEDICAL COLLEGE PO, THRISSUR 680 596.
BY ADV. SRI.V.M.KRISHNAKUMAR
RESPONDENTS
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1. STATE OF KERALA REPRESENTED BY THE
SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM
PIN 695 001.
2. THE COMMISSIONER FOR ENTRANCEEXAMINATIONS,
HOUSING BOARD BUILDING, SANTHINAGAR,
THIRUVANANTHAPURAM PIN 695 001.
3. STATE OF KERALA, REPRESENTED BY THE
SECRETARY, DEPARTMENT OF SCHEDULED CASTE AND
SCHEDULED TRIBE DEVELOPMENT,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM PIN - 695 001.
BY GOVERNMENT PLEADER SMT.LALY VINCENT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12-01-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
MG
WPC.No. 28531 of 2011 (N)
APPENDIX
PETITIONER'S EXHIBITS:-
EXT.P1:- COPY OF THE APPLICATION FOR ADMISSION TO PROFESSIONAL DEGREE
COURSE 2011, KERALA DATED 07.02.2011.
EXT.P2:- COPY OF THE CASTE CERTIFICATE ISSUED BY THE TAHSILDAR DATED
17.06.2011.
EXT.P3:- COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE KERALA
PULAYA MAHA SABHA, LAKSHMI VILASAM BRANCH, PANAYAM.P.O,
KOLLAM DATED 16.06.2011.
EXT.P4:- COPY OF THE 3RD PAGE OF THE SSLC BOOK ISSUED TO THE
PETITIONER'S MOTHER CERTIFIED BY THE HEADMASTER, N.S.S. HIGH
SCHOL, PARAKKULAM.
EXT.P5:- COPY OF THE ORDER NO.B3-261/11/CEE(38) DATED 10.06.2011.
RESPONDENT'S EXHIBITS:- NIL
//TRUE COPY//
PA TO JUDGE
MG
S. SIRI JAGAN, J.
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W.P.(C)No.28531 of 2011
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Dated this the 12th day of January, 2012
J U D G M E N T
The petitioner seeks admission to professional degree courses 2011 in the quota prescribed for scheduled castes on the ground that the petitioner is a member of the Hindu-
Pulaya community. But the Commissioner of Entrance Examinations, by Ext.P5 rejected the petitioner's claim for reservation as a scheduled caste on the ground that the petitioner does not belong to a scheduled caste. The petitioner challenges the same seeking the following reliefs:
"I. Issue a writ in the nature of certiorari or any other writ order or direction quashing Ext.P5 order issued by the 2nd respondent.
II. issue a writ in the nature of mandamus or any other appropriate writ order or direction commanding the 2nd respondent to accept the scheduled caste claim of the petitioner for admission to professional Degree course, 2011."
Ext.P5 reads thus:
Mr.Akhil.S had applied for Entrance Examination for admission to Professional Degree Courses, 2011 in the application prescribed for SC/ST candidates and claimed reservation under SC Quota.
The Screening Committee constituted by Government vide G.O.(P) No.19/2002/SCSTDD dated 20.04.2002 and GO(P) W.P.(C)No.28531 of 2011 -2- No.15/2011/SCSTDD dt.01.02.2011 for the clearance and verification of SC/ST claim, and as authorized by Section 6 of the Kerala Scheduled Castes / Scheduled Tribes Regulation of Issue of Community Certificates Act, 1996 (ACT 11 of 1996) referred the claim of the candidate for SC status to Vigilance Officer, KIRTADS for a detailed enquiry and report. The Vigilance Officer has submitted the report referred as 2nd paper above.
As per the report, the paternal grandparents of the candidate, Shri.G.Vasudevan, and Smt.Rohini, Mulluvila, Kollam, belong to Hindu Ezhava community, which is include in the OBC list of the State. Four children were born in their marital union, viz, Vrinda Kumari, Sabulal.V.R (the candidate's father), Harilal, and Anitha Kumari. All of them are settled at Kollam. Vrinda Kumari was married to late Sudhi, belonged to Ezhava Community. Anitha Kumari was married Srikumar. The statement furnished by the candidate's father, states that the candidate's paternal grandparents belong to Ezhava community.
The candidate's father is now working as Scientific Assistant, Govt. Medical College, Thrissur. He completed his school education from Govt. High School for Boys, Attingal, Thiruvananthapuram. In his Secondary School Leaving Certificate(SSLC), his community status is entered as Hindu Ezhava. Thus, admittedly the candidate's father belongs to Hindu Ezhava Community, which is included in the OBC list of the State.
The investigation has revealed that the maternal grandfather of the candidate Shri.Sanku, native of Panayam, Kollam District, belongs to Hindu Pulaya Community of the State. The candidate's maternal grandmother, Smt.Leela, was a native of Dindikal, Tamilnadu, whose community status is not known to the candidate's family. The statement furnished by the candidate's father also reveals the above mentioned facts with regard to the community status of the candidate's maternal grandparents. Five children were born out of the marital union the candidate's maternal grandparents viz. Presanna, (the candidate's mother herein), Prabhavathy, Prethibha, Jain and Pretha. Prabhavathy is working as a Staff Nurse, ESI Hospital, Kollam. She was married to Sreenivasan of Puthoor, Kollam District, who is a member of Hindu Pulaya Community. Prethibha was married to Sasi of Kollam who belongs to Ezhava Community. She is also engaged as Staff Nurse, ESI Hospital, Kollam. Jain is married to Swetha of Kozhikode, who is a W.P.(C)No.28531 of 2011 -3- member of Nair Community, Preetha was married to Sunil of Ezhava community and they are residing at Petta, Thiruvananthapuram.
The candidate's mother completed her school education from NSS High School Prakkulam, and her community status is entered as Hindu Pulaya, which is the community status of her father, in her SSLC Certificate. Thus, admittedly, only the paternal grandfather of the candidate belongs to Hindu Pulaya community.
Out of the marital union between Shri.Sabulal.V.R and Smt.Prasanna, two children were born viz, Akhil (the candidate), and Aiswarya. The candidate completed his school education from Chinmaya Vidhyalaya, Kolazhi. Aiswarya is a 9th standard student at the above mentioned school.
The candidate was called for a personal hearing by the Screening Committee on 08.06.2011. The candidate and his mother attended the hearing. The Screening Committee examined the case with the Anthropological Enquiry Report of the Vigilance Officer, KIRTADS and pleadings at the time of hearing.
The genealogical and documentary evidences reveal that the claim of the candidate for Scheduled Caste status rests only on the caste status of his maternal grandfather. His maternal grand mother was a native of Tamilnadu, whose community status in not known. The candidate's father is member of Ezhava community, which is an O.B.C community of the State. The Constitutional Order does not envisage giving Scheduled Caste Status to a person only through his/her grandfather.
The Government of India has given certain guidelines regarding the issuance of Scheduled Caste and Scheduled Tribes community certificates. Where a person claims to be belonging to a Scheduled Caste or Scheduled Tribe by birth, it should be verified, among other things, that the persons and his parents actually belongs to the community claimed.
Recently the election of Sobha Hymavathi Devi from Sringavarapukota 28 ST Assembly constituency in Vizianagaram District of Andhrapradesh to the Legislature Assembly in the elections of the year 1999, was set aside by the Hon'ble High Court of Andhrapradesh, and later by the Hon'ble Supreme Court of India confirmed the verdict in Civil Appeal No. S 4413-4414 of 2003 dated 28/01/2005 reported as 2005 W.P.(C)No.28531 of 2011 -4- (1) Supreme 617. Here the MLA has claimed Scheduled Tribe status through her mother. The Apex Court has held that she "assigned the caste of her father", although she argued to be an illegitimate child.
The Hon'ble Supreme Court of India in Civil Appeal No.659 of 2003, Punit Rai Vs, Dinesh Choudhary reported as (2003) 8 SCC 204, has held among other things, that, a person would inherit his caste from his/her father and not from his / her mother.
The Hon'ble High Court of Kerala, while commenting on the caste status of the children born out of inter-caste married couple, in W.P.C Nos.2483, 7039, 17317 of 2005 and connected cases, in Indira V. State of Kerala reported as 2005(4) KLT 119 (F.B), has held among other things that:
"Persons who claims the status of scheduled caste/scheduled tribe of his/her father or mother has to establish that on his/her birth, he/she is subjected to the same social disabilities and also following the same customs and traditions and the community has accepted that person to its fold.
The Government in view of the above observations of the High Court of Kerala has issued GO (MS) 109/2008/SCSTDD, dated 20.11.2008. The order states that:
"Authority who has to issue Scheduled Caste/Scheduled Tribe community certificate to the children born out of inter caste married couple of which one of the parents is Scheduled Caste/Scheduled Tribe should ensure that the claimant is subjected to the same social disabilities and also following the same customs and traditions and community has accepted that person to its fold as such."
Thus, as per the existing rules a child born out of the inter-caste marriage, who claims the ST status, should prove among other things that he/she is subjected to the social disabilities of the community to which he/she claims to belong.
Since, the candidate's Scheduled caste Pulaya claim rests only through his maternal grand father; while his maternal grand mother and father belong to Non-Scheduled Caste W.P.(C)No.28531 of 2011 -5- community, the candidate has never suffered the disabilities of a Scheduled Caste person. Hence, the candidate's claim as a member of SC Pulaya community cannot be conceded.
The candidate is away from the cultural background of the Scheduled Caste Pulaya community of his maternal grandfather and has not suffered the social disabilities of being a member of Scheduled Caste community. Thus, the candidate's claimed SC Pulaya status is against the facts as he has not been 'subjected to the same social disabilities and also following the same customs and traditions' of the Scheduled Caste community.
The Tahsildar of Thrissur Taluk, unaware of the provisions mentioned above has issued a community certificate to the candidate that he belongs to Scheduled Caste Pulaya community, which in turn is used by the candidate to grab the benefits earmarked for the SC communities of the State. The studies conducted by KIRTADS for the last two decades have revealed that the really underprivileged remain there in appalling low standards of life despite all inputs given to them because of the usurpation of benefits by the ineligible persons. In fact, based on the above observations the candidate can never be considered as member of SC Pulaya Community.
In exercise of the powers conferred on the Screening Committee as per section 6 of the Kerala Scheduled Castes and Scheduled Tribes Regulation of Issue of Community Certificates Act, 1996 (Act 11 of 1996) the Screening Committee, therefore decided to accept the report of KIRTADS and to reject the SC claim of Akhil.S for admission to Professional Degree Courses, 2011. The Committee also decided to sanction benefit under GO 25/2005/SCSTDD dt.20.06.2005 to the candidate.
The above decision of the Screening Committee is hereby intimated to the candidate."
I do not find anything wrong with Ext.P5. The petitioner does not dispute the facts stated in Ext.P5. Going by the same, all the predecessors of the petitioner except the maternal grandfather were Ezhavas. Just because the W.P.(C)No.28531 of 2011 -6- maternal grandfather was a scheduled caste, the petitioner does not become a scheduled caste. As such, I do not find any merit in the contentions of the petitioner and accordingly the writ petition is dismissed.
Sd/-
S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/