High Court Kerala High Court

Dr.P.Leelakumari vs State Of Kerala on 17 September, 2008

Kerala High Court
Dr.P.Leelakumari vs State Of Kerala on 17 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP.No. 18446 of 1997(U)



1. DR.P.LEELAKUMARI
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.S.M.PREM

                For Respondent  :SRI.ALEXANDER THOMAS,SC,KPSC

The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :17/09/2008

 O R D E R
       K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ

         ==============================

                   O.P.NO. 18446 OF 1997

          ============================

             Dated this the 17th September 2008

                         JUDGMENT

Balakrishnan Nair,J.

The petitioner was an Assistant Professor in the Kerala

Medical Education Service while filing this writ petition. She got

employment under the State under the quota reserved for

Scheduled Tribes on the strength of a caste certificate obtained

by her showing that she belongs to a Scheduled Tribe

Community. The said claim of the petitioner that she belongs to

a scheduled tribe was the subject matter of the proceedings of

the scrutiny committee constituted under G.O.(P) No.

16/95/SCSTDD dated 8-5-1995. The committee found that

parents of the petitioner do not belong to Malai Arayan

Scheduled Tribe Community, but they are members of Arayan

community, which is only an O.B.C. in the State of Kerala. The

petitioner seriously disputed the finding of the scrutiny

O.P.NO.18446/1997 -2-

committee that her mother does not belong to Malai Arayan

community. But it is an admitted position that her father is not a

member of the Malai Arayan community, he is only a member of

Arayan community. Based on Ext.P4, the Government issued

Ext.P40 order. As per that order, the Government, inter alia,

directed the prosecution of the petitioner for making false

claims as to caste status.

2. Since the father of the petitioner admittedly belongs to

an O.B.C.community, the claim of the petitioner that she belongs

to the Schedueld Tribe Malai Arayan is plainly untenable. So, it is

unnecessary to consider whether the findings of the

Government that her mother does not belong to Malai Arayan is

correct or not. In view of the decision of the Apex Court in Punit

Rai v. Dinesh Chaudhary, 2003(8)S.C.C.204 and other cases

and also the decision of the Full Bench in Indira v. State of

Kerala, 2005(4)K.L.T.119, the caste of the petitioner is

normally that of her father. No materials are produced or

pleaded in the writ petition to dislodge that presumption. In

view of the above position, the challenge against Exts.P34 and

O.P.NO.18446/1997 -3-

P40 fails. The learned counsel for the petitioner submits that the

direction to prosecute the petitioner at this distance of time for

having done something in the remote past is unsustainable in

law. She relies on the decision of this Court in Sreekumary v.

State of Kerala, 2006(1)K.L.T.144 . We feel that if the State

finally launches any prosecution against the petitioner, she can

raise all the contentions available under law by way of defence in

that prosecution. In other words, the decision of the Government

to prosecute her and our refusal to interfere with the same will

not affect the contentions of the petitioner concerning the

validity of any prosecution launched against her based on

Ext.P40. Subject to the above right, the original petition is

dismissed.

K. BALAKRISHNAN NAIR,
JUDGE

M.C. HARI RANI
JUDGE
ks.

O.P.NO.18446/1997 -4-

K.BALAKRISHNAN NAIR &
M.C. HARI RANI, JJ.

O.P. NO. 18446 OF 1997

JUDGMENT

17-9-2008

O.P.NO.18446/1997 -5-

K.BALAKRISHNAN NAIR &
M.C. HARI RANI, JJ.

CRL.A.NO. 243 OF 2005

JUDGMENT

28-8-2008