Research › Search › Judgment

Kerala High Court · body

2025 DIGILAW 2768 (KER)

P. Rajan, S/o. Ponnaiha v. State Of Kerala, Represented By Its Secretary

2025-11-07

SUSHRUT ARVIND DHARMADHIKARI, SYAM KUMAR V.M.

body2025
JUDGMENT : Syam Kumar V.M., J. The Writ Appeal is filed challenging the judgment dated 28.01.2021 of the learned Single Judge in W.P.(C) No.26459 of 2019. Appellant was the petitioner in the W.P.(C) and respondents were the respondents therein. 2. The W.P.(C) was filed by the appellant seeking to quash Exhibits P7, P8 and P9, whereby his claim of being a member of the Hindu (Sambava) Scheduled Caste community was rejected. 3. The learned Single Judge dismissed the W.P.(C) inter alia holding that there was no reason to interfere with the findings of the Scrutiny Committee for Verification of Community Certificates entered into after the due anthropological enquiry and that the conclusions in Exhibit P8 order of the scrutiny committee were based on material evidence collected by the committee. Holding that there was no reason to unsettle the findings of the respondents in Exhibit P7, Exhibit P8 and Exhibit P9, the W.P.(C) was dismissed. Aggrieved by the said judgment, the appellant has filed this appeal. 4. Heard Sri.M.K.Sreegesh, Advocate for the appellant, Smt.Latha Thankappan, Special Government Pleader and Sri.Biju C.Abraham, Advocate for the 5 th respondent. 5. The learned counsel for the appellant submitted that the learned Single Judge erred in dismissing the W.P.(C) overlooking phenomenal evidence that had been presented to substantiate his status as a member of Sambava community. It is contended that the appellant is a Sambava and his caste is deemed to be Scheduled Caste in terms of Constitution (Scheduled Castes) Order , 1950. The maternal grandfather, maternal grandmother, paternal grandmother and appellant's mother are Hindu Sambava. It is submitted that the admission register issued by the educational institutions wherein the appellant had studied had been considered as a member of Sambava Community throughout his tenure in the said schools. The appellant had been found eligible for concession as a member of the Scheduled Caste, while he studied in the Government Arts College and his transfer certificate evidence the same. The certificate issued by Kumily Scheduled Caste Service Co-operative Society indicates that he was a member of the Society and that he was the President as well as member of the administrative committee of the said Society for a certain period. The Kerala Cheramar Sabha had also issued a certificate to the effect that the appellant and his family members are members of the Cheramar Sabha as early as from 1970-71. The Kerala Cheramar Sabha had also issued a certificate to the effect that the appellant and his family members are members of the Cheramar Sabha as early as from 1970-71. A certificate has been issued by the Sree Ganapathi Bhadrakali Devaswom Trust, to the effect that appellant and his family members are professing Hindu religion. Thus it is contented that there are overwhelming materials on record to lead to the irresistible conclusion that the appellant is professing Hindu religion and that members of the community had accepted the appellant within their fold. The learned Single Judge failed to consider the fact that the enquiry conducted had failed to abide by the principles of natural justice and Exhibit P7 enquiry report and Exhibit P8 order passed by respondent No.2 based on Exhibit P7 and Exhibit P9 order passed by respondent No.1 are arbitrary, illegal and unsustainable. The finding of the learned Single Judge that Exhibit P3 and Exhibit P5 are insufficient to establish that the appellant belongs to Scheduled Caste Community, is erroneous and unsustainable. The learned Single Judge had failed to see that there is no material or finding that the appellant had ceased to be a member of the Sambava community or that he had converted to Christianity. The community of members of the family or close elations cannot be thrust upon the appellant, so as to affect his caste status. The learned Single Judge had erred in not considering and applying the ratio of the decisions cited by the counsel for the appellant. Reliance is placed on the judgment of the Hon’ble Supreme Court rendered in Principal, Guntur Medical College, Guntur v. Y.Mohan Rao [1976 KHC 839] and submitted that there is no absolute rule applicable in all cases that whenever a member of a caste is converted from Hinduism to Christianity, he loses his membership of the caste. Reiterating the dictum in C.M.Arumugam v. S.Rajgopal and others [ AIR 1976 SC 939 ], it was held that ordinarily, it is true that on conversion to Christianity, a person would cease to be a member of the caste to which she belongs, but that is not an invariable rule. It would depend on the structure of the caste and its rules and regulations. There are some castes, particularly in South India, where this consequence does not follow on conversion, since such castes comprise of both Hindus and Christians. It would depend on the structure of the caste and its rules and regulations. There are some castes, particularly in South India, where this consequence does not follow on conversion, since such castes comprise of both Hindus and Christians. Placing reliance on the judgment in Anbalagan v. Devarajan [1984 KHC 22], it is submitted that the mark of caste does not really disappear on conversion to a different religion. It does not disappear even after some generations. Pointing to the Christian families whose forefathers had converted to Christianity who though profess Christian religion, nonetheless observe the practice of caste, it had been held by the Supreme Court that the practice of caste is so rigorous that there are inter marriages with Hindus of the same caste but not with Christians of another caste. Reliance is placed on the dictum laid down in Dayaram v. Sudhir Batham and others [ (2012) 1 SCC 333 ] to substantiate the maintainability of the appeal. Pointing to the dictum laid down by this Court in Jibin C. Baby v. Commissioner for Entrance Examinations and others [ 2016 KHC 230 ], wherein the petitioner had challenged the legality of a decision rejecting his claim for Scheduled Caste (Hindu Sambava) status for admission to professional courses in a fact situation where the petitioner's father earlier belonged to Sambava Christian Community and subsequently reconverted to Hinduism, the question whether petitioner was entitled to get admission to the professional course based on caste reservation was answered by this Court, holding that since the petitioner was born to a Hindu father and continued to be a Hindu, reservation cannot be denied. It is thus prayed that the precedents laid down buttress the contentions put forth by the appellant and hence the judgment of the learned Single Judge may be set aside, allowing the appeal. 6. Per contra, the learned counsel for the respondents submitted that there is no valid cause or reason put forth in the Writ Appeal to justify an interference and that the impugned judgment had been validly rendered. It is submitted that the caste status claimed by the appellant is factually incorrect and that the appellant actually belongs to Christian community of Sambava origin. It is submitted that the caste status claimed by the appellant is factually incorrect and that the appellant actually belongs to Christian community of Sambava origin. It is contented that after careful examination of the entire records in accordance with the provisions of the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act , 1996, the scrutiny committee had rejected the Scheduled Caste (Sambava) claim of the appellant vide Exhibit P8 proceedings. The Government had accepted the recommendations of the scrutiny committee and had issued Exhibit P9. It is admitted that the competent authority had enquired about the caste status of the appellant and had cancelled the certificate issued to him and the matter had been intimated to the authorities in accordance with law. It is admitted that the genealogical and discreet field level enquiry had revealed that the appellant's paternal grandparents migrated to Kerala before 1950 and that the appellant's father is an offspring of Christian Sambava father and mother claimed to belong to Hindu Sambava community of Tamil Nadu origin. The appellant's father and mother and siblings received baptism in the year 1993 and became members of the Church of South India, Kumily. The relevant certificate from the vicar of the same church had been attached to the anthropological report of respondent No.4 and had been taken note of. It is admitted that Exhibit P7 Anthropological Report, Exhibit P8 Proceedings and Exhibit P9 order are just, proper and legal and had been issued after following all the procedures laid down in the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act , 1996. The expert agency, KIRTADS, consists of a team of officials, who have much expertise in anthropological and genealogical and ethnographic analysis had conducted an enquiry into the real status of the appellant on references, requisitions, directions, or proposals received from the State and Central Governments and the competent authorities or the screening committee or scrutiny committee. The scrutiny committee had requested for verification of the caste status of the appellant, and it is on that basis that the 3 rd respondent Vigilance Officer of KIRTADS had conducted the enquiry. The caste status of the appellant had been determined by the expert agency after evaluating genealogical evidence of both maternal and paternal lines. The scrutiny committee had requested for verification of the caste status of the appellant, and it is on that basis that the 3 rd respondent Vigilance Officer of KIRTADS had conducted the enquiry. The caste status of the appellant had been determined by the expert agency after evaluating genealogical evidence of both maternal and paternal lines. The report submitted before the scrutiny committee with all relevant documents had been provided to the appellant and he had appealed against the report submitted before the scrutiny committee. The appellant had failed to establish his Scheduled Caste status anthropologically. Though the scrutiny committee had given ample opportunities to the appellant to prove the same. It was thus after examining the evidences/facts brought out by the appellant's counsel during the personal hearing that the documents submitted by the appellant, the report of the expert agency, and all other relevant documents, the scrutiny committee concluded that the appellant does not belong to Scheduled Caste (Sambava) Community. The learned Single Judge had validly and properly concluded that there was no reason to disagree with the findings of the scrutiny committee for verification of community certificates which had been entered into after the anthropological inquiry. The Writ Appeal does not disclose any reason or ground to interfere with the judgment of the learned Single Judge. Reliance is placed on the dictum laid down in Madhuri Patil v. Additional Commissioner, Tribal Development , [1995 KHC 1357] and it is contended that to streamline the issuance of social status certificates, their scrutiny and approval mandates to be followed had been enumerated and the same had been fully compiled with. It is thus prayed by the learned counsel that the Writ Appeal may be dismissed. 7. We have heard both sides in detail and have considered the contentions put forth. The learned Single Judge had, after a detailed consideration of the documents produced by both sides, concluded that the enquiry made by KIRTADS had revealed that the appellant's paternal grandfather was Christian and that the appellant's father was also a Christian and that the appellant married from Christian community and his three siblings, who are also Christians assumes relevance. The learned Single Judge had, after a detailed consideration of the documents produced by both sides, concluded that the enquiry made by KIRTADS had revealed that the appellant's paternal grandfather was Christian and that the appellant's father was also a Christian and that the appellant married from Christian community and his three siblings, who are also Christians assumes relevance. As regards the contention that the paternal grandfather of the appellant married a Scheduled Caste Hindu Sambava and that the appellant's father also married a Scheduled Caste Hindu Sambava, the same are not sufficient to hold that the appellant is a Scheduled Caste (Sambava). The reliance placed by the learned Single Judge on the findings of the Scrutiny committee also cannot be termed as incorrect or perverse. The genealogical and documentary evidences in the case of the appellant had specifically revealed that as his father belongs to Christian community of Sambava origin and the mother claims to be belonging to Hindu Sambava community following Christianity. The appellant had been brought up in his father's Christian milieu and circumstances. The reasoning of the learned Judge that the reservation, as per the constitutional safeguards, cannot be availed by those from other communities, and that it is primarily intended to safeguard the interest of really underprivileged and those who suffered from untouchability is trite and settled. The guidelines laid down by the Government of India regarding the issuance of Scheduled Costs and Scheduled Tribe Community Certificates assume relevance and importance. It is also settled and trite that when a community certificate is issued to an offspring of Scheduled Caste married couple following Christianity, it must be after a thorough enquiry taking into consideration the concerned Government Orders and legal provisions. In the case of the appellant, he is well docs and confirmed that he had been brought up in the social circumstances of Christian community of Sambava origin. This had been unequivocally revealed from the anthropological field level enquiry and documents. That he is far away from the socio-cultural background of the Scheduled Caste Hindu Sambava Community and that himself and his whole family are following Christianity and had not suffered the social disabilities of Hindu Sambava Community is also validly and reliably arrived at. This had been unequivocally revealed from the anthropological field level enquiry and documents. That he is far away from the socio-cultural background of the Scheduled Caste Hindu Sambava Community and that himself and his whole family are following Christianity and had not suffered the social disabilities of Hindu Sambava Community is also validly and reliably arrived at. It is also the specific case that the enquiry had revealed that the appellant does not even fulfil the criteria stipulated in the settled precedents to consider him as a member of the Scheduled Caste Hindu Sambava Community. The said specific stand of the respondents have not been contradicted by the appellant in a manner acceptable in law. Coming to the precedents relied on by the appellant, we note that the fact circumstances of the appellant's case, as revealed from the scrutiny report and other documents widely differ from the facts and circumstances of the case wherein it was held that caste still continues to permeate the life of the person despite his having shifted to the Christian religion. Appellant's case does not fall within the ambit of Anbalagan (supra) or Dayaram (supra) to merit consideration in the same lines. We thus do not find any reason to interfere with the judgment of the learned Single Judge. The Writ Appeal is dismissed.