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2013 DIGILAW 927 (KER)

Rajamani v. State of Kerala

2013-10-30

P.R.RAMACHANDRA MENON

body2013
JUDGMENT : The caste status of the petitioner and the claim to have a Community Certificate, showing the community of the petitioner as 'Vettuvan' belonging to Scheduled Caste, is the subject matter of challenge in this Writ Petition. 2. The sequence of events shows that the petitioner was a child in the inter-caste marriage between the father belonging to 'Thiyya' community and the mother belonging to 'Vettuvan' Community, which is a Scheduled Caste. Immediately after the birth of the petitioner, the father took his last breath and the petitioner was brought up by her mother and members of the family as a member of 'Vettuvan' community, undergoing all the sufferings and drawback attached to the said community in the Society. Reference is made to Exts.P1 to P3 documents, such as front page of the SSLC Book, Community Certificate and similar certificate issued by the concerned authority wherein it is shown that the petitioner was being accepted as a member belonging to Scheduled Caste. Ext.P4 certificate issued by the Vettuvan Mahasabha, Kozhikode District Committee is also produced to show that the petitioner actually belongs to the said community. 3. When the petitioner approached the concerned authority for issuance of a fresh Community Certificate in the year 2008, the same was declined to be issued, doubting the caste status, which made the petitioner to approach this Court by filing the present Writ Petition, mainly seeking for the benefit of Ext.P6 Government Order dated 20.11.2008 and for a direction to the respondents to issue the Community Certificate showing that she belongs to 'Vettuvan' community. When the matter came up for consideration before this Court on 19.2.2010, the following interim order came to be passed: “There will be a direction to the second respondent-Tahsildar to issue a provisional caste certificate to the petitioner to the effect that the petitioner belongs to a Vettuvan community which is a Scheduled Caste in the State of Kerala. The same will be done after conducting due enquiries within a period of three weeks from the date of receipt of a copy of this order. The same will be provisional and subject to further orders to be passed in the Writ Petition. Tahsildar will consider the conditions provided in Ext.P6 G.O. (G.O. (MS)No.109/2008/SCSTDD, dated 20.11.2008) while issuing the certificate. The petitioner will produce a copy of this interim order before the second respondent for compliance.” 4. The same will be provisional and subject to further orders to be passed in the Writ Petition. Tahsildar will consider the conditions provided in Ext.P6 G.O. (G.O. (MS)No.109/2008/SCSTDD, dated 20.11.2008) while issuing the certificate. The petitioner will produce a copy of this interim order before the second respondent for compliance.” 4. Pursuant to the said order, Ext.P10 Provisional Certificate dated 5.4.2010 was issued, which has been produced along with I.A.No.7623 of 2011. The case of the petitioner as projected by the learned Counsel for the petitioner is that, eligibility of the petitioner to have the benefit of Ext.P6 Government Order has however been considered by the second respondent/Tahsildar, Koyilandy and an observation has been made in Ext.P9 order dated 18.3.2010 holding that, even though the petitioner is entitled to have the benefit of Ext.P6 Government Order, the same is not liable to be extended to the petitioner by virtue of subsequent events, i.e., marriage of the petitioner with a person belonging to Thiyya community. The learned Counsel for the petitioner submits that the petitioner has been insinuated for having acquired Post Graduate qualification and also for having married a 'police constable' as mentioned in Ext.P9 order, to deny the benefit of Ext.P6. 5. A counter affidavit has been filed from the part of the second respondent, virtually reiterating the contents of Ext.P9 and conceding the requirements to be considered as stipulated in Ext.P6 Government Order. The factual position in the case of the petitioner till her marriage held on 7.4.2003 also stands conceded. The assertion made from the part of the second respondent to decline the request to issue community certificate is with reference to the marriage with a person belonging to 'Thiyya' community. 6. Heard the learned Counsel for the petitioner and the learned Special Government Pleader at length. 7. During the course of hearing, the learned Spl. Government Pleader submits that the benefit available for persons like the petitioner born out in the inter-caste marriage was only to the extent of enabling them for acquiring educational qualifications. Reference is made to the relevant Government Order issued in the year 2005 in this regard, though the same is not produced along with the counter affidavit. The learned Spl. Government Pleader concedes that the said Government Order was subsequently replaced by Ext.P6 Government Order, stipulating the course to be followed and the relevant facts to be considered. Reference is made to the relevant Government Order issued in the year 2005 in this regard, though the same is not produced along with the counter affidavit. The learned Spl. Government Pleader concedes that the said Government Order was subsequently replaced by Ext.P6 Government Order, stipulating the course to be followed and the relevant facts to be considered. It is stated that, in the case of the petitioner, all the relevant aspects, as stipulated in the Government Order and as extracted in paragraph 12 of the counter affidavit, have been considered and it is with reference to such traits, an observation has been made in Ext.P9 order as to the Post Graduate qualification of the petitioner and as to her marital status to fix the position in the society. It is also pointed out that, if any benefit is to be given to the petitioner, who actually does not suffer from the infirmities, the benefit actually intended to the deserving lot will stand siphoned out and there will be undue advantage to the persons like the petitioner. 8. After hearing both the sides, this Court finds that the rights and liberties of the persons like the petitioner stand declared by Ext.P6 Government Order. The said Government Order is stated as issued on the basis of the law declared by the Apex Court and also by this Court at different points of time. The manner in which the issue has to be approached is clearly discernible from the last paragraph of Ext.P6 Government Order, which reads as follows: “In view of the above observations of the High Court of Kerala Government have examined the matter in detail and are pleased to order that the competent 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 same social disabilities and also following the same customs and traditions and community has accepted that person to its fold as such. The Authority to issue the Caste Certificate should also ensure that (i) each case shall be examined individually in the light of the existing facts and circumstances. The Authority to issue the Caste Certificate should also ensure that (i) each case shall be examined individually in the light of the existing facts and circumstances. (ii) the claimant has suffered disabilities socially, economically and educationally (iii) the society has accepted the claimant to their original fold as one among them and is living in the same social tenet.” 9. The factual position that, the mother of the petitioner was a member of 'Vettuvan' community; that the petitioner lost her father hardly after six months of her birth and that she was brought up by her mother and other members of the family who are of 'Vettuvan' community, have not been rebutted in the counter affidavit. There is no case for the respondents that there was any change in the status till the marriage of the petitioner, i.e. till the year 2003 when she married a person belonging to Thiyya community. All throughout these years, the petitioner was pursuing her studies and living in the Society as a member of 'Vettuvan' Community suffering the hardships and infirmities attached to the said community and there is no dispute in this regard. The subsequent events, by virtue of marriage, cannot tilt the balance in any manner so as to deny the benefit to the petitioner, which has already been accrued by virtue of the sufferings and hardships attributable to that community. This is the crux of Ext.P6 Government Order and the law declared by the Apex Court as well as by this Court, whereby it has been asserted that, each and every case has to be examined meticulously, with reference to the relevant facts. 10. In the said circumstance, this Court finds that the petitioner is entitled to have the benefit of Ext.P6 Government Order and to have the Community Certificate certifying her status as a member of 'Vettuvan' community. Ext.P9 order issued by the second respondent/Tahsildar, Koyilandy stands set aside, in so far as the same declares that the petitioner is not entitled to have the benefit of the said Government Order. The second respondent/concerned respondent is directed to issue necessary Community Certificate to the petitioner, showing her caste status as a member belonging to 'Vettuvan' community. This shall be done at the earliest, at any rate, within one month from the date of receipt of a copy of the judgment. 11. The second respondent/concerned respondent is directed to issue necessary Community Certificate to the petitioner, showing her caste status as a member belonging to 'Vettuvan' community. This shall be done at the earliest, at any rate, within one month from the date of receipt of a copy of the judgment. 11. It is made clear that the Provisional Certificate already issued pursuant to the interim order passed by this Court on 19.2.2010 (based on which the selection has been finalised), should be treated as a proper and valid certificate with regard to the employment obtained/to be obtained. The Writ Petition is allowed. No cost.