IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 13668 of 2009(C)
1. R.V.ABHILASH,
... Petitioner
Vs
1. TAHSILDAR,
... Respondent
2. THE VILLAGE OFFICER,
3. KERALA PUBLIC SERVICE COMMISSION
For Petitioner :SRI.P.V.JAYACHANDRAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :23/12/2009
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J.
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W.P.(C).No.13668 of 2009-C
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Dated this the 23rd day of December, 2009.
JUDGMENT
1.The petitioner was born on 28.5.1981. His mother
belongs to Hindu Cheramar (a Scheduled Caste).
Ext.P1 SSLC book shows that petitioner belongs to
Cheramar caste. That was issued on 28.3.1996.
Thereafter, Ext.P2 caste certificate was issued
in 2004 showing the petitioner as belonging to
Hindu Cheramar caste. Ext.P3 is issued on
22.8.2008 showing his caste as Hindu Cheramar.
Ext.P4 shows that the petitioner had undergone
course of study in trade – Mechanic Diesel.
Thereafter, as of now, he has been selected for
recruitment to the State Police.
2.When the petitioner applied for certificate as
regards his caste, he found that the competent
authority is not issuing a caste certificate
afresh. He applied for a direction for grant of
the certificate. With the passage of time, the
WPC13668/09 -: 2 :-
official respondents started taking the stand
that though the petitioner’s mother belongs to
Hindu Cheramar caste, on enquiry, it is seen that
as of now, the petitioner stays with his father,
a Nadar Christian and who is estranged from the
petitioner’s mother; that the petitioner is
following the practices of a Nadar Christian and
hence the officials came to the conclusion that
the petitioner cannot be treated as belonging to
Hindu Cheramar caste.
3.Born in the womb of a woman, identified as
belonging to Hindu Cheramar caste and having been
identified for all intents and purposes for more
than two decades as belonging to that caste, the
mere fact that the parents could not continue
their matrimonial tie and were separated, does
not mean that the child of an inter-caste couple
should suffer the consequences. The petitioner
was identified as belonging to Hindu Cheramar
caste following the caste of his mother. Such
status came to his aid for furtherance in life.
WPC13668/09 -: 3 :-
With the passage of time, the Government have
come forward with a Government Order which states
that the caste status of the mother could also be
relied on for issuing caste certificate of the
child of an inter-caste couple. Fortunately, the
intelligible differentia and hostile
classifications are slowly getting cleansed off.
Having noticed the aforesaid situation, it goes
without saying that the petitioner is entitled to
be issued a caste certificate showing that he
belongs to Hindu Cheramar caste (a Scheduled
Caste) following the caste of his mother. It is
so declared and it is further ordered that
certificate in terms of this declaration shall be
issued to the petitioner on production of a copy
of this judgment. The writ petition ordered
accordingly.
THOTTATHIL B.RADHAKRISHNAN,
JUDGE.
Sha/2412