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Showing contexts for: scheduled caste certificate in P.Jeya vs Union Of India on 16 August, 2004Matching Fragments
30. But on the part of the respondents, it would be argued to the effect that a comprehensive and consolidated order pertaining to the Scheduled Caste/Scheduled Tribe was issued by the Administration in G.O. Ms.No.28 dated 2.2.1977, wherein a distinction between "origin" and " migrant" members of Scheduled Caste was clearly made out, which corroborated in the communication in the Government of India Letter No.BC/16014/1/82-SC&BCD-I dated 22.2.1985, thereby clarifying that a Scheduled Caste/ Scheduled Tribe person who has migrated from the State of his origin to some other State for the purpose of seeking education, employment, etc. would be deemed to be SC/ST of the State of his origin and will be entitled to derive benefits only from the State of his origin and not from the State of which he has migrated; that according to the Government's clarification in letter dated 22.3.1977 that in the case of persons born after the notification of the Presidential order, the Scheduled Caste status of such persons would be determined on the basis of permanent abode of their parents at the time and notification of the Presidential Order, followed by another letter dated 29.3 .1982 of the Government of India thereby stating that the migration certificates should be issued to the children of such persons whose permanent abode was not in the State or the Union Territory on the crucial date of the Presidential notification on the basis of the production of the Scheduled Caste Certificate issued to their parents from the State of their origin and thereafter, many instructions have been issued by the Government of India by its letter dated 22.2.1985 thereby modifying the earlier instructions issued in letters dated 22.3.1977 and 29.3.1982 regarding issuance of the migrant certificate; that the prescribed authority under the Union Territory Administration may issue Scheduled Caste Certificate to a person who has migrated to that Union Territory on production of the certificate issued to his "father" by the prescribed authority of the State to the father's origin and only based on the said clarification, instructions have been issued to the certificate issuing authorities to issue the Scheduled Caste Certificate based on the residential status of the applicant's father on the crucial date, i.e. 5.3.1964 and not of the " mother". Even as laid down by the Apex Court in the Action Committee Case and the Government's clarification by its letter dated 22.3.1977, the status of the persons born after the date of the notification would be based on the place of permanent abode of their parents.
32. Assessing all the above factors and to put them in a nutshell, relating to the question of issuance of the Scheduled Caste Certificate in favour of the children of the parents of the origin of Pondicherry State on the date of the notification of the Presidential Order, migrants from other States on the date of the said notification means whether both the parents, on the date of the said notification should have been born and continue to reside in Pondicherry, as it is advocated on the part of the respondents here or in the case of any one of the parents whose origin is from outside the Pondicherry limits, whether the claim of Scheduled Caste Certificate should be rejected in toto and whether such rejection is reasonable within the meaning of Articles 14 and 15 of the Constitution of India, or whether either father or mother of the same Adi Dravida community hails from outside the territorial limits of Pondicherry and by virtue of marriage with the other spouse comes and lives at Pondicherry and gives birth to children and in such event by virtue of the other spouse being an origin of Union Territory of Pondicherry whether the children born to them in spite of having been born to parents of Adi Dravida community should forego their right to get a Scheduled Caste Certificate just for the simple reason that it is the origin of the father that would only be taken as a criteria and not the mother as per the impugned memorandum and in such event, such criteria fixed by the Government interpreting the G.O. and superseding the earlier memorandum issued dated 3.8.1995 which insisted that if either of the parents has the origin at Pondicherry, it is sufficient for their children to get a Scheduled Caste Certificate is within the parameters of the law and the constitutional rights guaranteed under the relevant Articles 14 and 15 of the Constitution of India, and therefore, it is necessary to have a little discussion on these Articles.
34. In the given case, Government Order has been passed in exercise of power under Article 162 of the Constitution of India and it is an executive order, which could be issued only in the name of the Governor. The executive order issued in the name of the Governor cannot be modified by another executive order, not being issued in the name of the Governor. Earlier memorandum dated 3.8.1995 giving clarification to the Government Order, thereby treating the male and the female on par with each other has been modified by the second memorandum, which is impugned herein, to the effect that it is the origin of the father and not that of the mother, which could be the criteria for the issuance of the scheduled caste certificate in favour of the children born to the parents of different origin on the relevant date of notifying the order issued by the President of India. Reading the Articles 14 and 15 of the Constitution of India it could be found that genderwise there cannot be any discrimination between the parents of the child praying for the issuance of the scheduled caste certificate and it is the only possibility in this circumstance, regarding the subject matter is to accept the earlier memorandum dated 3.8.1995, which has been passed inconsonance with the Government Order, whereby in the case of persons born after the date of notification of the Presidential Order, the place of residence for the purpose of acquisition of the status, is the place of permanent abode of either of their parents at the time of notification of the Presidential Order, based on which the Scheduled Caste certificate could be issued to their children and in the given case, since the mother has the origin of Union Territory of Pondicherry, which is an admitted fact on the part of the respondents, regardless of the fact that the father on the date of notification of the Presidential Order since being a migrant, which is immaterial and since Articles 14 and 15 of the Constitution of India as above discussed, there cannot be any discrimination among sex, which has been specifically declared under Article 15(1) of the Constitution of India.
35. The Constitution of India forbids discrimination, but promotes reasonable classification. In the case of issuance of the scheduled caste certificate in favour of the son of the petitioner, she being the mother and in spite of herself being the origin and continuing to be the resident of Pondicherry particularly, on the relevant date of notification of the Presidential Order, on 5.3.1964 citing the impugned Government Order and stating that the son of the petitioner since did not have the same status particularly on the crucial date of the Presidential Order, he is denied of his due in the matter of issuance of the scheduled caste certificate in his favour, in spite of both the parents belonging to the Adi Dravidar Community is the grievance of the petitioner. In these circumstances, and in view of the position of law declared on the subject by Articles 14 and 15 of the Constitution of India on par way in the equal manner giving equal protection and further prohibiting the kinds of discrimination as found under Article 15(1) of the Constitution of India, particularly the discriminations on sex and therefore, only in the earlier Government Order dated 3.8.1995 giving equal importance to the father and the mother entitling the child to get the scheduled caste certificate could be upheld, since being reasonable classification, no mention need be made that the impugned memorandum dated 10.11.2000, which is discriminatory against the female, giving credence only to the male and suppressing the rights of the female and since there cannot be any such discrimination since it is as bad as imposing a condition that the mother of the child alone should be the origin of the Pondicherry State on the crucial date, which would again be discriminated and therefore, it is only desirable and except within the meaning of the Articles 14 and 15 of the Constitution of India to empower either of the parents as the requirement for the issuance of the scheduled caste certificate ie., the origin of either the father or the mother on the crucial date of notification and Presidential Order, which would alone serve the ends of justice and hence the following order: