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1999 DIGILAW 628 (KER)

Bindu v. State of Kerala

1999-12-01

A.R.LAKSHMANAN, S.SANKARASUBBAN

body1999
Judgment :- S. Sankarasubban, J. The above Writ Appeal is filed by the petitioner in O.P.No.22795 of 1999 against the judgment dismissing the Original Petition. Appellant applied for admission to the Medical/ Engineering course invoking Clause 5.3.4(e) of the Prospectus, which states that the children of intercaste marriage couples, who claim reservation under SC/ST quota should apply in the application form intended to SC/ST candidates and should produce the SC/ST certificate from the concerned Tahsildar in the prescribed form provided on the body of the application form in addition to the intercaste marriage certificate. According to the prospectus, the claim to get the benefit of SC/ST will be subject to verification and clearance by the Screening Committee constituted by the Government. The community certificate should clearly specify that the candidate himself belongs to SC/ST. According to the appellant/ petitioner, her father belongs to Nair Community and her mother belongs to Panan Community, which is a Scheduled Caste Community. 2. Appellant applied in the prescribed form and produced necessary certificates from the Tahsildar showing that she belongs to Scheduled Castes. The claim of the appellant to get a seat on the basis of Scheduled Caste Community was referred to'KIRTADS' and on the basis of the report, the Commissioner of Entrance Examinations passed Ext. P5 order. The application of the appellant for admission to the Engineering/ Medical/ Agricultural Courses 1999 was rejected. Appellant challenged Ext. P5 order before the learned Single Judge. The learned Single Judge dismissed the Original Petition and hence this Writ Appeal. Before we discuss the point in issue, we shall give some more facts. 3. Appellant's mother is one Vijayalakshmi. Appellant's grandmother is one Mani. According to the appellant, both of them belong Hindu Panan Community. Appellant's grandmother, i.e., maternal grandmother, Mani, was married by one Kannan Nair. Appellant's grandmother was employed as a Teacher in AUP School, Nanminda. Mani' s father, Nambi also belonged to Panan Community. Mani had a brother by name Kelu Bhagavathar. He also belongs to Panan community. Kannan Nair and Mani had two children, Balasubramanian and Vijayalakshmi. Vijayalakshmi is the mother of the appellant. Appellant's mother studied upto Pre-degree and in her SSLC book her caste is shown as Panan. Her brother Balasubramanian had studied upto M.A., B.Ed. Vijayalakshmi is married to one Balan Nambiar and they have two children, Vipin and Bindu, the appellant. Kannan Nair and Mani had two children, Balasubramanian and Vijayalakshmi. Vijayalakshmi is the mother of the appellant. Appellant's mother studied upto Pre-degree and in her SSLC book her caste is shown as Panan. Her brother Balasubramanian had studied upto M.A., B.Ed. Vijayalakshmi is married to one Balan Nambiar and they have two children, Vipin and Bindu, the appellant. Vipin is a first year student of MBBS course at the Medical College, Calicut He obtained a certificate that he belongs to scheduled caste community and obtained admission on that basis. Since the appellant studied in a school recognized by the Central Board of Secondary Education, the community is not reflected in the mark list given to the appellant. 4. Appellant produced a community certificate as evidenced by Ext. P6. It is dated 28.4.1999. Ext P6 shows that she belongs to Hindu Panan Community. Ext. P7 is the intercaste marriage certificate with regard to the appellant's parents. This also shows that the appellant's mother belongs to Panan Community. Ext. P8 is the SSLC Book of the appellant's mother. This certificate also shows the caste of the appellant's mother as Panan. Appellant has produced Ext. P13, which states that the children born of intercaste marriage will be treated as belonging to SC/ST Community. But the Commissioner of Entrance Examinations rejected the application of the appellant for reservation on the basis of certain observations of the screening committee. It is challenging this that the Original Petition was filed. 5. A statement was filed before the learned Single Judge by the Government Pleader. In Paragraph 3 of the statement, it is stated that the claim of the candidate for Scheduled Caste rests only on the caste status of her maternal grandmother. The candidate's father belongs to Nair Community. The candidate's mother's father also belongs to Nair Community. Hence the marriage between the son of a Nair and daughter of another Nair cannot be claimed as an intercaste marriage. The statement also relies on the report of the Screening Committee. The Original Petition was dismissed by the learned Single Judge. The reasoning of the learned Single Judge is contained in paragraph 2 of the judgment, which is as follows: "The reservation is for uplifting the status of the scheduled castes. The statement also relies on the report of the Screening Committee. The Original Petition was dismissed by the learned Single Judge. The reasoning of the learned Single Judge is contained in paragraph 2 of the judgment, which is as follows: "The reservation is for uplifting the status of the scheduled castes. As per the Government Order, for encouraging mixed marriages, when petitioner's grandmother who was a scheduled caste married the father, their children got the benefit of scheduled caste even though petitioner's grandfather was a Nair. But that benefit cannot be claimed by the grandchildren whose father is admittedly a Nair and whose mother born out of a mixed marriage and who was identified as a member of a Nair Community as per the Screening Committee report which is Ext. P5. Ext. P5 contains finding of fact". Hence the learned Single Judge refused to interfere with the matter. 6. We heard Shri A.X. Varghese on behalf of the appellant and the Government Pleader Sri. Poly Mathai. Sri. A.X. Varghese contended that the petitioner is entitled to the benefit for admission as a candidate belonging to SC/ST Community as per Ext. P5 Prospectus. The Prospectus gives the benefits to the offspring of intercaste marriage. Appellant has also produced a certificate from the Tahsildar showing her community. Learned counsel submitted that evidence have been adduced to show that the appellant's mother belongs to Schedule Caste Community on the basis of the admission register and SSLC Book. These show that she belongs to Panan Community. There is no case that she changed her community. The Screening Committee's report that she lived like a Nair has no basis. There is also no rationale, since it is for the husband and wife to decide as to what life they should live. Merely because the appellant's father is a Nair Community it does not mean that the mother has changed her community to which she belonged. In so far the appellant's mother continues to be Panan, which is recognised as Scheduled Caste Community. The appellant is entitled to the benefit of Scheduled Caste. Nobody has so far questioned the certificate issued in favour of the appellant's mother that she belongs to Panan Community. Further, the appellant's brother has got admission as a candidate belonging to Panan Community. Learned counsel also relied on Ext. P5. 7. The appellant is entitled to the benefit of Scheduled Caste. Nobody has so far questioned the certificate issued in favour of the appellant's mother that she belongs to Panan Community. Further, the appellant's brother has got admission as a candidate belonging to Panan Community. Learned counsel also relied on Ext. P5. 7. On behalf of the Government, an additional statement was filed in the Writ Appeal. Along with the statement a judgment in W.A.No.1465 of 1995 was also produced. In that case, a Division Bench of this Court held that a person whose father does not belong to Scheduled Caste cannot automatically claim the statutes of Schedule Caste. Further, in that case, the petitioners did not claim the relief similar to those belonging to SC/ST. It is further stated in the judgment that if the petitioner's mother belongs to the Scheduled Caste, they can file fresh petition claiming the benefit of the Government order on the ground that their mother belongs to Thandan Community. In the case at hand, the Government Pleader submitted that the Screening Committee's report is final and this cannot be interfered with as they are reports on facts. 8. Ext. P5 order is mainly based on Anthropological report, Ext. P3, the following findings are made: The candidate's father was born in Nair Community, which is admittedly treated as a Forward Community. The candidate's mother, Vijayalakshmi was born as an offspring of an intercaste married couple, ie., her father belongs to Nair Community and mother belongs to Panan Community. Out of the marital union of Balan Nambiar and Vijayalakshmi, the parents of the appellant, they have got another son by name Vipin. It is stated that the candidate's brother, Vipin obtained a community certificate to the effect that he belongs to Scheduled Caste Panan Community and snatched away an MBBS seat reserved for Scheduled Castes. Ext. P3 further concludes that the appellant does not belong to Scheduled Caste Community on the following reasons: In the marriage invitation letter of Vijayalakshmi, ie., the mother of the candidate is described as the daughter of Smt. & Sri. V.T. KannanNair. The above letter is produced as Ext. P3. We don't think that this marriage letter can be taken as an instance for showing that Vijayalakshmi ceased to be a member of the Scheduled Caste Community. It cannot be denied that Vijayalakshmi is the daughter of Smt. & Sri. Kannan Nair. V.T. KannanNair. The above letter is produced as Ext. P3. We don't think that this marriage letter can be taken as an instance for showing that Vijayalakshmi ceased to be a member of the Scheduled Caste Community. It cannot be denied that Vijayalakshmi is the daughter of Smt. & Sri. Kannan Nair. So also the mention of the name Vadakkepadikkara Nair Tharvad does not lead to us to anywhere. Another circumstance relied on by Ext. P3 is the initial V.B. According to the report, the initial V.B. is for Vadakkeppadikkara Balan Nair. This is also, according to us, cannot act against the claim of the appellant. According to Ext. P3, the candidate's parents have misguided the revenue authorities and described that the candidate is an offspring of intercaste married couple. Further it is stated as such the intercaste marriage certificate obtained by the candidate for the Tahsildar of Kozhikode is false. According to the report, the certificate should have stated that the candidate's father belong to Nair Community and the mother is an offspring of Nair and Panan Communities. 9. Thus, the main basis on which the claim of the candidate was denied is that the candidate's mother does not belong to Scheduled Caste. According to us this finding of the committee is without any basis. Ext. P8 is the photocopy of the first page of the SSLC Book of the appellant's mother Vijayalakshmi. In the column'Caste' it is stated that she belongs to Panan Community. On the basis, Ext. P7 - Intercaste Marriage Certificate - was issued. Thus from Ext P8 it can be seen that the appellant's mother belongs to Scheduled Community and consequently Ext. P7 Certificate was issued showing that the appellant was born on intercaste marriage. In the face of Ext P8, it is wrong to say that the appellant is not entitled to the benefit of Scheduled Caste Community for the purpose of admission. In Ext. P13, it is stated that the children bora of intercaste marriage for all purposes, according to which the children born of intercaste marriage for all purposes, according to which the children will be treated as belonging to Scheduled Caste or Scheduled Tribe Community, if either of the parents belongs to that community. In Ext. P13, it is stated that the children bora of intercaste marriage for all purposes, according to which the children born of intercaste marriage for all purposes, according to which the children will be treated as belonging to Scheduled Caste or Scheduled Tribe Community, if either of the parents belongs to that community. Respondents have no case that the entry with regard to community as entered in SSLC Book and in the intercaste marriage report of appellant's mother has been cancelled. 10. Learned Government Pleader relied on an unreported judgment of a Division Bench of this Court in W. A No. 1465 of 1995. It appears from the judgment that the father of the petitioners in that case belongs to Ezhava Community. The question was whether the petitioner can claim a declaration of status of Scheduled Caste when their father belong to O.B.C. Community. In Paragraph 5 of the above judgment, the Court held that it was amply clear that the petitioners cannot claim the status of the Scheduled Caste, in as much as their father belongs to O.B.C. Community and not the Scheduled Caste. In that case, the petitioner prayed for a declaration only with intent to avail the educational benefits available to the Scheduled Caste persons in view of the Government Order dated 25.1.1977 which is same as Ext P13 produced in the present case. The Court repelled the contentions by stating that such a relief cannot be claimed by the petitioners. Nor such a case has been set out in the body of the Original Petition. So the Court did not go into that question. It is further stated in the judgment that the case of the petitioners was that their mother belongs to Thandan Community which is admittedly a Scheduled Caste Community. If that be so, the petitioners may file a fresh petition claiming the benefit of the Government Order Ext. P13 on the ground that their mother belongs to Thandan Community. 11. In the present case, as we have already stated Ext. P8 clearly states that the mother of the appellant belongs to Panan Community, which is a Scheduled Caste Community. Thus the appellant is entitled to the benefit of Ext. P13 Government Order. 12. In the above view of the matter, we allow this Writ Appeal, Exts. P3 and P5 are quashed. P8 clearly states that the mother of the appellant belongs to Panan Community, which is a Scheduled Caste Community. Thus the appellant is entitled to the benefit of Ext. P13 Government Order. 12. In the above view of the matter, we allow this Writ Appeal, Exts. P3 and P5 are quashed. There will be a direction to consider the claim of the appellant for admission to Medical/ Engineering Course for the year 1999 in the Scheduled Caste quota.