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1999 DIGILAW 663 (KER)

Deepthy K. v. State of Kerala

1999-12-15

K.S.RADHAKRISHNAN, M.R.HARIHARAN NAIR

body1999
JUDGMENT K.S. Radhakrishnan, J. 1. Petitioner is the daughter of an intercaste married couple. Her father belongs to Nair Community and mother" belongs to Perumannan Community which is a Scheduled Caste. She applied for admission to the professional degree courses (engineering, medical and agricultural), to the Commissioner for Entrance Examinations, 1999 claiming the benefit available to children of inter caste married couple. The Commissioner for Entrance Examinations rejected the claim and hence, she has approached this Court. 2. The Commissioner for Entrance Examinations published a prospectus for admission to the professional degree courses for the year, 1999. Petitioner submitted her application. In the application form in Column 11 she stated that she belongs to Perumannan Community, and also duly filed the community certificate by the Tahsildar, Thrissur. Clause.5. 3. 4. of the prospectus deals with the claim for reservation under Scheduled Caste/Scheduled Tribe quota. Candidates claiming reservation in the Scheduled Caste quota should obtain and produce along with the application a caste/community certificate in the prescribed form, attached to the application form. The claim for reservation under the Scheduled Caste/ Scheduled Tribe quota would be subject to verification and clearance by the Screening Committee constituted for that purpose by the Government by G. O. (Ms.) No. 23/89/SC/ST/DD, dated 22nd May 1989 and as authorised by S.6 of the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1997 (Act 11 of 1996). 3. The Screening Committee constituted by the Government verified the applications of candidates who claimed [reservation under Scheduled Caste/Scheduled Tribe quota for admission to the Engineering, Medical and Agricultural Courses for the year, 1999. On verification of the application of the petitioner, the Committee found her claim doubtful and referred the matter to the Vigilance Officer, KIRTADS for detailed anthropological enquiry. 4. The Vigilance Officer of KIRTADS conducted the enquiry after serving notice on the petitioner. Petitioner's father participated in the personal hearing and submitted a detailed statement. The Vigilance Officer noticed that the petitioner's father belongs to Nair Community and the petitioner's mother belongs to Perumannan Community, which is a Scheduled Caste. Investigation revealed that the parents have brought up the petitioner as non-scheduled caste. Reference was also made by the Vigilance Officer, to various documents and concluded that those documents never described the petitioner' as member of the Scheduled Caste. Investigation revealed that the parents have brought up the petitioner as non-scheduled caste. Reference was also made by the Vigilance Officer, to various documents and concluded that those documents never described the petitioner' as member of the Scheduled Caste. Further, it was noticed that the petitioner has not enjoyed the benefit of concessions earmarked to candidates belonging to Scheduled Caste throughout her educational career. The Vigilance Officer, in his report dated 12th July 1999 recommended that the application of the petitioner for admission to professional degree courses for 1999 against the quota reserved for Scheduled Caste candidates may be rejected. The report further states as follows: "In order to check this kind of manipulation i.e. the trend of candidates born to inter caste married couples securing Scheduled Caste/Scheduled Tribe community certificates in the application for professional courses under one pretext or other and remaining as non-scheduled castes for other put poses the prospectus of 1999, para 5.3.4. (e) has cautioned. Their S.C./S.T. claim will be subject to verification and clearance by the Screening Committed Considering all aspects of the case of the candidate, it can be seen that there is no merit in her claim for Scheduled Caste Status." 5. The Screening Committee considered the report submitted by the Vigilance Officer, KIRTADS. The Committee sent a copy of the report to the petitioner and invited her for a personal hearing, which was held on 30th July 1999. Petitioner was present with her father and uncle and submitted a written statement of her mother before the Screening Committee. Documents showing the status of her mother as a Scheduled Caste and the certificate showing that the petitioner is an offspring of an inter caste married couple were also produced. The Screening Committee rejected the application of the petitioner stating follows: "The Committee examined the case and found that the statements of the candidate's father and mother do not disprove the findings in the Anthropological Enquiry Report. The investigation has revealed that the parents of the candidate have brought up their child as a non scheduled caste and as such they did not give the candidate her mother's caste status in public records. The candidate has not enjoyed the benefits/concessions earmarked for Scheduled Caste throughout her schooling, Government of India has directed all State Governments to follow the instructions relating to offsprings of the inter caste married couples. The candidate has not enjoyed the benefits/concessions earmarked for Scheduled Caste throughout her schooling, Government of India has directed all State Governments to follow the instructions relating to offsprings of the inter caste married couples. It has been stated that the nexus between the child and the community or class or caste is a real test irrespective of the fact whether the accommodating class or caste or community is a Scheduled Caste Community. Each case, however has to be examined in the light of the attendant facts and circumstances. Hence the Committee found that the candidate cannot be treated as Scheduled Caste in terms of the G.O.. allowing concessions to the Children of Inter caste Married Couples. Under the above facts and circumstances the Committee decided to accept the Enquiry Report and to reject the application of the candidate for admission to Medical/Agricultural Courses 1999 since she is not entitled for reservation under SC Quota,'' 6. Counsel for the petitioner Mrs. V. P. Seemandini assailed the report of the KIRTADS as well as the order passed by the Screening Committee on various grounds. Counsel submitted that after having found that the petitioner's mother belongs to Perumanrian Community, a Scheduled Caste and that the petitioner's father belongs to Nair Community, the 2nd respondent was duty bound to grand the benefit of reservation available to children of inter caste married couple to the petitioner. Counsel took objection to the finding of the Vigilance Officer, KTRTADS as well as the Screening Committee that the petitioner was not brought up as a member of a Scheduled Caste. Counsel submitted, even if it is so, the fact that she is an offspring of an inter caste married couple itself entitles the petitioner to get reservation in the Scheduled Caste quota. Counsel relied on two decisions of this Court reported in Commissioner and Secretary to Government V. Ramachandran 1998 (1) KLT SN 68 and State of Kerala v. Thushara 1998 (1) KLT 717 in order to establish her case. 7. Learned Senior Government Pleaders Shri K. Jayakumar and Shri Poly Mathai, relying upon the statement filed by the 2nd respondent, submitted that since the petitioner was not brought up as a member of a Scheduled Caste Community, she is not entitled to claim reservation in the Scheduled Caste quota. 7. Learned Senior Government Pleaders Shri K. Jayakumar and Shri Poly Mathai, relying upon the statement filed by the 2nd respondent, submitted that since the petitioner was not brought up as a member of a Scheduled Caste Community, she is not entitled to claim reservation in the Scheduled Caste quota. Further, it was submitted that assuming that she is born to an inter caste married couple, she has not claimed the said benefit in her application for admission. Learned Government Pleaders submitted that if she wanted to get the benefit of reservation as an offspring of an inter caste married couple, she should have produced a certificate in the prescribed form to that effect along with the application. Relying upon Clause.5.3.4- (e) of the prospectus, it was submitted that the requirement to produce inter-caste marriage certificate is a mandatory requirement. Reliance was also placed on the Bench decision of this Court reported in Simiraj v. Commissioner for Entrance Examinations 1999 (3) KLT 773 . 8. In order to examine the rival contentions, it is necessary to examine the relevant clauses of the prospectus. The Government of Kerala, as per G.O. (Ms.) No. 24/ 97/H. Edn., dated 19th February 1997, authorised the Commissioner for Entrance Examinations to prepare a common prospectus for admission to professional degree courses from the year 1997 onwards. The prospectus published for the year 1999 sets out the rules and regulations for selection and admission to various professional courses in the State. Admissions are regulated on the basis of merit based on the marks obtained by the candidate in the Entrance Examination conducted by the Commissioner for Entrance Examinations. Out of the total seats available for various courses, seats will be reserved for different categories, viz., (a) Reservation for all India Quota, (b) Reservation for Nominees, (c) Special Reservation, and (d) Mandatory Reservation. Clause.5.3' deals with the claim for mandatory reservation, of which, we are concerned with Clause.5-8-4, particularly, Clause.5.3.4 (e), which is extracted below: "(e) Children of inter caste married couples who claim reservation under S.C./S.T. quota should apply in the application form intended to S.C./S.T. candidates and should produce the S.C/S.T. certificate from the concerned Tahsildar in the prescribed form provided on the body of the application form, in addition to the 'Inter caste Marriage Certificate'. Their S.C./S.T. claim will be subject to verification and clearance by the. Their S.C./S.T. claim will be subject to verification and clearance by the. Screening Committee constituted by the Government vide G.O. (Ms.) 23/89/ S.C./S.T./D.D. dated 22nd May 1989. The applications of such candidates for the reserved seats of S.C/S.T./D.D. which do not contain S.C./S.T. certificate from the concerned Tahsildar in the prescribed form provided in the body of the application will not be considered on any account [vide G.O. (Ms.) 31/90/S.C./S.T./D.D. dated 25th May 1990). The community certificate should clearly specify that the candidate himself/ herself (not the father or mother) belongs to the Scheduled Castes/ Tribes. There is no separate reservation quota for the children born out of inter caste married couples of whom one is a Scheduled Caste/ Scheduled Tribe." The certificate produced by children of inter caste married couple claiming reservation under the Scheduled Castes/ Scheduled Tribe quota would be subject to verification and screening by the Screening Committee, the details of which are provided in Clause.5.3.4 (c) of the prospectus, which reads thus: "(c) The claims for reservation under Scheduled Castes/ Scheduled Tribes quota will also be subject to verification and clearance by the Screening Committee constituted for the purpose by Government vide G.O. (Ms.) No. 23/89/S.C./S.T./D.D., dated 22nd May 1989 and as authorised by S.6 of the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996 (Act 11 of 1996)." Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996 (Act 11 of 1996) was enacted to regulate the issue of community certificates to members of the Scheduled Castes and Scheduled Tribes in the State of Kerala. S.6 of the said Act deals with the constitution of a Screening Committee for verification of community certificates. The said provision is extracted below for easy reference. "6. Constitution of Screening Committee for verification of Community certificate. (1) The applications from members of the Scheduled Castes and the Scheduled Tribes for admission to the seats reserved for the Scheduled Castes and the Scheduled Tribes in educational institutions shall be got scrutinised by a Screening committee constituted by Government in the prescribed manner, to ensure that the Community certificate produced in support of the Scheduled Caste or the Scheduled Tribe claim of the applicant is genuine. (2) The Screening Committee may cause detailed enquiry through the expert agency to ascertain if the applicant actually belongs to the Scheduled Caste or the Scheduled Tribes, as the case may be and shall reject the application if the applicant does not belong to the Scheduled Caste or the Scheduled Tribe as claimed by him:" Provided that rejection of the application shall be without prejudice to the actions that may be taken under S.11, 15 and 16. 9. The above mentioned provision indicates that an applicant who claim reservation under the Scheduled Caste/Scheduled Tribe quota for admission for professional courses will have to produce a community certificate along with the application so that the certificate could be scrutinised by the Screening Committee to ensure that the certificate produced in support of the S.C./S.T. claim of the applicant is genuine. Therefore, unless and until the community certificate is produced along with the application, it would not be possible for the Screening Committee to ascertain the genuineness of the certificate before finalising the selection process. Applicants , who claim reservation for admission as children of inter caste married couples have to produce the certificate along with the application form in the prescribed form. 10. Annexure XI of the prospectus deals with item wise instructions to fill the application form. Clause.11 of Annexure XI also deals with claims of sons or daughters of inter caste married couple which is also extracted below: "There can be instances, where the candidate is a son or daughter of parents, who have contracted an inter caste marriage. In any case, should at least one of the parents, be from the Scheduled Caste/ Scheduled Tribes. A son or a daughter born out of such a union is eligible for reservation under the relevant quota, namely Scheduled Caste/Scheduled Tribe. Such candidates should write, the name of the Community under which reservation is claimed against Item 11 in the application form. They should produce a community certificate obtained from the Tahsildar in the body of the application form itself given on page 6 of the application to the effect that the candidate belongs to Scheduled Castes/Scheduled Tribes. Separate Community Certificate produced along with the application will not be considered under any circumstances and the application will be summarily rejected. They should produce a community certificate obtained from the Tahsildar in the body of the application form itself given on page 6 of the application to the effect that the candidate belongs to Scheduled Castes/Scheduled Tribes. Separate Community Certificate produced along with the application will not be considered under any circumstances and the application will be summarily rejected. They should also produce an Inter Caste Marriage Certificate obtained from the Revenue Officials not below the rank of Tahsildar in the pro forma given in Annexure IX(A) of the prospectus." Clause 7.4 of the prospectus deals with instructions for filling the application. Clause.7.4 (a) says that the detailed instructions for filling each item in the application are given in Annexure XI of the prospectus. Clause.7.4(b) reads as follows: "Applications should be complete in all respects. A candidate will be considered for admission to the Common Entrance Examination only if he/she has furnished the relevant certificates prescribed in the prospectus, in proof of eligibility, as well as in support of any claim for reservation, under any category.'' Clause 7.5.3. (c) and (d) read as follows: "(c) Community Certificate for claiming reservation under S C./S.T , for Free and Payment Seats (to be obtained in the body of the application form meant for S.C./S.T., page 6). (d) Inter caste marriage certificate in the prescribed format from the authorities concerned for reservation under S.E.B.C. or S.C./S.T. as per the conditions specified in Clause.5.3.3. (F) and 5.3,4(B) are to be produced." Clause 7.8 (a) and (b) are relevant, which are also extracted below: "7.8 (a) Important documents/certificates furnished after the submission of the application, will not be entertained under any circumstances. (b) No opportunity will be given to incorporate any details after the submission of the application." A candidate has to make the following declaration in the application form. "(1) I hereby declare that I have read the various clauses in the prospectus and instructions carefully and I agree to abide by them. (2) T also declare that all the statements made in the application are true, complete and collect to the best of my knowledge, and belief and that in the event of any information being found false or incorrect or ineligibility being detected before or after the examination, action can be taken against me by the Controller of Entrance Examination." 11. (2) T also declare that all the statements made in the application are true, complete and collect to the best of my knowledge, and belief and that in the event of any information being found false or incorrect or ineligibility being detected before or after the examination, action can be taken against me by the Controller of Entrance Examination." 11. The above clauses would show that the requirement of production of community certificate in the form, prescribed on the body of the application form as well as an inter caste marriage certificate, as shown in Annexure IX in the prescribed form is a mandatory requirement. In the instant case, admittedly the petitioner produced a community certificate showing that she belongs to Perumannan Community in the prescribed form along with the application but failed to produce along with the application a certificate under Annexure IX showing that she is the daughter of an inter caste married couple. 12. We agree with the learned Government Pleader that the requirement to produce community certificate as well as inter caste marriage certificate is a mandatory requirement as per the clauses in the prospectus. It is all the more so otherwise it would not be posssible for the Screening Committee and KIRTADS to examine the genuineness of the certificates produced. But the question is, in a case where admittedly the applicant is an offspring of an inter caste married couple, the claim for reservation could be denied, especially when the applicant's claim was considered by KIRTADS and the Screening Committee. 13. Application submitted by the petitioner showing that her mother belongs to a Scheduled Caste Community was scrutinised by KIRTADS and found that the petitioner's mother belonged to a Scheduled Caste Community. But the claim for reservation for children borne to inter caste married couple was rejected by the KIRTADS stating as follows: "The candidate has not enjoyed the benefits/concessions earmarked for Scheduled Castes throughout her schooling. The candidate, has studied at the St. Mary's College, Thrissur for her pre degree course and Document 5 is an extract from the register of admissions maintained therein wherein there is no mention of her caste name. The candidate, has studied at the St. Mary's College, Thrissur for her pre degree course and Document 5 is an extract from the register of admissions maintained therein wherein there is no mention of her caste name. It may be mentioned here that the Tahsildar of Thrissur Taluk vide letter No. A4-320090/96, dated 10th July 1997 has intimated this Department that the candidate and her sister have been following the customs and manners of their father who belongs to Nair Community. In this connection the Govt, of India has directed all State Governments to follow the instructions relating to off springs of the inter caste married couples. It has been stated that, 'the nexus between the child and the community or class or caste is a real test irrespective of the fact whether the accommodating class or caste or community is a Scheduled Caste Community or a Caste Hindu Community. Each case, however, has to be examined in the light of the 'attendant facts and circumstances.' It is strange to note that the social status of the candidate has now been changed on the eve of applying for admission to professional courses. The intention of the candidate is to snatch away the best fruits of reservation policy. Therefore, the candidate is devoid of affinity of conditions, milieu, acceptance etc. to be deemed as a member of a Scheduled Caste Community." KIRTADS concluded that since the petitioner was not brought up as a member of the Scheduled Caste, she cannot claim the status of a Scheduled Casts and consequently the benefit of an offspring of an inter caste married couple was not available to the petitioner. The Screening Committee also, after perusing the report of KIRTADS, held that the applicant was not eligible for the benefit available to children born to inter caste married couple. 14. We are of the view that the reasoning of KIRTADS as well as the Screening Committee to deny the benefit available to children of inter caste married couple cannot be sustained. When a claim is made on the basis that the candidate is an offspring of an inter caste married couple, the question whether the offspring was brought up as a Scheduled Caste or not is immaterial. The only question to be considered is whether the parents had contracted an inter caste marriage and the applicant was born out of that marriage. The only question to be considered is whether the parents had contracted an inter caste marriage and the applicant was born out of that marriage. In this case, admittedly, the petitioner's father belongs to Nair Community and her mother belongs to Perumannan Community, a Scheduled Caste and the petitioner is the offspring of that marriage. 15. The State Government has issued various orders granting concessions to children born to inter caste married couple so as to see that such type of marriages are encouraged, to achieve social equality. Children born to inter caste married couple are allowed various concessions in the matter of education as well as for appointments so as to encourage inter caste marriage and to bring harmony and integration and to remove untouchability. Art.17 of the Constitution of India reads as follows: "17. Abolition of Untouchability. 'Untouchability' is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of 'Untouchability' shall be an offence punishable in accordance with law." The thrust of Art.17 of the Constitution of India is to liberate the society from all social evils and to achieve equality to Scheduled Castes/Scheduled Tribes on a par with other members of the society. In this respect it is relevant to refer to the decision of the Apex Court in State of Karnataka v. Appa Balu Ingale 1995 supp. (4) SCC 469. In that decision the Court held as follows: "... .untouchability has grown as an integral fact of socio religious practices being observed for over centuries; keeping the Dalits away from the mainstream of the society on diverse grounds, be it of religious, customary, unfounded beliefs of pollution etc. It is an attitude and way of behaviour of the general public of the Indian social order towards Dalits. Though it has grown as an integral part of caste system, it became an institution by itself and it enforces disabilities, restrictions, conditions and prohibitions on Dalits for access to and the use of places of public resort, public means, roads, temples, water sources, tanks, bathing ghats, etc., entry into educational institutions or pursuits of avocations or profession which are open to all and by reason of birth they suffer from social stigma. Untouchability, therefore, is founded upon prejudicial hatred towards Dalites as an independent institution. It is an attitude to regard Dalits as pollutants inferiors and outcasts. Untouchability, therefore, is founded upon prejudicial hatred towards Dalites as an independent institution. It is an attitude to regard Dalits as pollutants inferiors and outcasts. It is not founded on mens rea. The practice of untouchability in any form is, therefore, a crime against the Constitution." 16. As early as in 1966 in Shastri Yagnapurushdasji v. Muldas Bhundardas Vaishya A.I.R. 1966 S.C. 1119 Gajendragadkar, C. J. has held that untouchability is founded by superstition, ignorance, complete misunderstanding of the true teachings of Hindu religion. The thrust of Art.17 of the Constitution is to liberate the society from blind and ritualistic adherence and traditional beliefs which lost all legal and moral base. It seeks to establish a new ideal for society equality to the Dalits, on a par with general public, absence of disabilities, restrictions or prohibitions on grounds of caste or religion, availability of opportunities and a sense of being participants in the mainstream of national life. The institution of marriage is one of the sound institutions to bring about social harmony and integration. The Apex Court in Valsamma Paul v. Cochin University (1996) 3 SCC 545 held as follows: "Inter caste marriages and adoption are two important social institutions through which secularism would its fruitful and solid base for an egalitarian social order under the Constitution. Therefore, due recognition should be accorded for social mobility and integration and accordingly its recognition must be upheld as valid law." 17. In the instant case, a member of the forward community married a member of a Scheduled Caste. The petitioner is an offspring of that marriage. The marriage between the applicant's parents has led to a fruitful solid base for an egalitarian social order under the Constitution and has brought harmony and integration in social fabric. Such a marriage would liberate the society and bring equality to members of Scheduled Castes/Scheduled Tribes on a par with general public. It will also do away with the disabilities, restrictions and prohibitions on the ground of caste or religion and remove untouchability. 18. Art.15(1) of the Constitution of India states that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. It will also do away with the disabilities, restrictions and prohibitions on the ground of caste or religion and remove untouchability. 18. Art.15(1) of the Constitution of India states that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. Art.15(4) enables the State to make special provisions for advancement of socially and educationally backward classes of citizens or for Scheduled Castes and Tribes in the matter of admission to educational institutions, public appointments, etc. By various orders, the State Government has given benefits of reservation to offsprings of, inter caste married couple as well. As per Government order dated 25th January 1977, children born to inter caste married couple were made eligible for reservation for admission to educational institutions as available to Scheduled Castes/Scheduled Tribes as the case may be, provided either parent of the candidate belongs to Scheduled Caste/Scheduled Tribe as the case may be. While granting such benefit to off springs of inter caste married couples the only criteria which is relevant is whether the applicant is an offspring of an inter caste married couple. The question whether that offspring was brought up as a member of a Scheduled Caste or not is immaterial. On the birth of an offspring of an inter caste married couple, the child need not be subjected to the same disabilities, indignities, restrictions, prohibitions or sufferings once suffered by a member of a Scheduled Caste/ Tribe. We are of the view that the KIRTADS and the Screening Committee were completely misdirected themselves in reaching the conclusion that only children born out of inter caste marriage who were brought up as a member of the Scheduled Caste Community would alone yet the benefit of reservation available to offsprings of inter-caste married couple, 19. A Division Bench of this Court in State of Kerala v. Thushara 1998 (1) KLT 717 has also taken the same view and stated that what is relevant is whether the child of the parent belongs to Scheduled Caste/Tribe. The same is the stand taken by another Division Bench of this Court in Commissioner and Secretary to Government v. Ramachandran 1998 (1) KLT S.N. 70. 20. The same is the stand taken by another Division Bench of this Court in Commissioner and Secretary to Government v. Ramachandran 1998 (1) KLT S.N. 70. 20. In view of the constitutional provisions under Art.17 and 15(4) as well as on the basis of the reasonings herein before stated, we are of the view that the petitioner, who is an offspring of an inter caste married couple, is entitled to get the benefit of reservation available to such candidates in the Scheduled Caste/Scheduled Tribe quota, 21. We notice that the applicant failed to produce inter caste marriage certificate along with her application. Relying on various provisions in the prospects, we have already noticed that the production of such a certificate is a mandatory requirement. However, in this case we are not inclined to reject the claim of the petitioner on the mere ground that such a certificate was not produced along with the application. Admittedly, the applicant's mother belongs to Scheduled Caste. Applicant produced along with her application a community certificate to show that she belongs to a Scheduled Caste Community. Petitioner was given an opportunity by the KIRTADS as well as the Screening Committee to establish her claim for reservation available to offsprings of inter caste married couple. She produced the necessary documents before the KIRTADS and the Screening Committee to establish her claim. Both the Screening Committee and KIRTADS examined the question whether the applicant was entitled to get the concession available to offsprings of inter caste married couple and the same was denied. We have already found that the findings entered by the Screening Committee as well as KIRTADS cannot be sustained in law. KIRTADS as well as the Screening Committee had an opportunity to examine the question of the petitioner's entitlement and it was examined also. Under such circumstances, we are of the view that even though the inter caste marriage certificate was not produced along with the application, it is not a valid ground for rejecting the application in the peculiar facts and circumstances of this case, 22. Under such circumstances, we are of the view that even though the inter caste marriage certificate was not produced along with the application, it is not a valid ground for rejecting the application in the peculiar facts and circumstances of this case, 22. When a claim is made for admission in the quota reserved for Scheduled Castes and Scheduled Tribes candidates on the ground that the applicant is an offspring of an inter caste married couple, the Court has to consider such claim in the context of the constitutional goal set out in the preamble and other relevant provisions of the Constitution, in the background of the felt necessities of time and changing concepts of social values. The Supreme Court in. State of Karnataka v. Appa Balu lngale 1995 Supp. (4) SCC 469 (supra) has held as follows: ' 'The Judges, therefore, should respond to the human situations to meet the felt necessities of time and social needs; make meaningful the right to life and give effect to the Constitution and the Will of the legislature. The Supreme Court as the vehicle of transforming the nation's life should respond to the nation's needs and interpret the law with pragmatism to further public welfare to make the constitutional animations a reality. Commonsense has always served in the court's ceaseless striving as a voice of reason to maintain the blend of change and continuity of order which is sine quo non for stability ia the process of change in a parliamentary democracy, in interpreting the Act, the Judge should be cognizant to and always keep at the back of his/her mind the constitutional goals and the purpose of the Act and interpret the provisions of the Act in the light thus shed to annihilate untouchability; to accord to the Dalits and the Tribes right to (quality; give social integration a fruition and make fraternity a reality." 23. When we approach the question in the light of Art.17, 15(4) as well as the goal sought to be achieved by the Constitution, Court has to adopt a purposive interpretation so as to remove social inequalities. When we approach the question in the light of Art.17, 15(4) as well as the goal sought to be achieved by the Constitution, Court has to adopt a purposive interpretation so as to remove social inequalities. We are of the view that the claim of the petitioner herein for reservation available to offsprings of inter caste married couple cannot be denied to her on the mere ground that she has not produced inter caste marriage certificate along with her application and that she was not brought up as a member of a Scheduled Caste Community. 24. We, therefore, quash Exts. P-6 and P-7 orders and declare that the petitioner is entitled to the benefit of reservation in the Scheduled Caste/Scheduled Tribe quota as an offspring of an inter caste married couple. The Commissioner for Entrance Examination is, therefore, directed to consider the application of the petitioner in the above mentioned quota on the basis of her rank in the Entrance Examination. The Original Petition is allowed as above.