ORDER
K. Govindarajan, J.
1. The petitioner has filed the above writ petition aggrieved against the order passed by the 1st respondent, dated 8.12.1998 under which the community certificate issued to the petitioner has been cancelled.
2. According to the petitioner, he was admitted B.D.S. degree course in the year 1995-96 in the 2nd respondent college. He got admission on the basis that he belongs to Scheduled Caste, namely, Hindu Devendarkulathan Community, The said admission was secured on the basis of the community certificate issued by the Tahsildar, Chingleput, dated 12.7.1994, who is the competent authority to issue community certificate. Even before the issuance of the said community certificate, the petitioner seems to have obtained another community certificate from the Tahsildar, Cheyyur, dated 5.10.1991.
3. It is the case of the petitioner that his mother Dr. Latha belongs to Scheduled Caste and his father Dr. G. Alaxandar belongs to Gavara Community which comes under the backward category. According to the petitioner, on the basis of G.O.Ms.No. 477, Social Welfare Department, dated 27.6.1975, the petitioner should be considered as he belongs to Scheduled Caste. To sustain the case of the petitioner that his mother belongs to Schedule Caste, it is stated that his grandmother Mrs. Jayalakshmi belongs to Scheduled Caste and his grandfather belongs to Dasari community which comes under the most backward category, on the basis of the abovesaid admitted facts, the petitioner claims that he belongs to Scheduled Caste, only on the basis of the said Government order, dated 27.6.1975 so, this Court has to decide whether the claim of the petitioner under the said Government order that he belongs to Scheduled Caste is sustainable.
4. In the earlier proceedings S.S. Subramani, J., in W.P.Nos. 12483 and 14187 of 1998 dated 12.10.1998 has categorically found as follows:
In the proceedings of the Tahsildar dated 5.10.1991, it is never said either by Latha or by Alavandar that petitioner herein was brought up as a member of Scheduled Caste community. So long as that condition is not complied with, there cannot be any question of declaring any person as belonging to Scheduled Caste, even though the parents might have contracted an inter-caste marriage. In this case, even that is doubtful. Petitioner’s mother Latha never wanted to claim herself as a member of Scheduled Caste community, Till date, her service record shows that she belongs only to most Backward community. Even in the proceedings before the Tahsildar, Cheyyur she has not declared that she was brought up in the way of life of a Scheduled Caste, and, therefore, her son, petitioner herein, must be given the benefit. We must understand that the parents do not want their son to be declared as a member of Scheduled Caste. It is only the grand-parents who plead that the alleged benefits to which they are entitled to because of their grand-children. Parents of the petitioner their grand-children, parents of the petitioner only give their consent in the proceedings. So, the conduct of the parents of the petitioner also shows that they never wanted the petitioner and his brother to be considered as members of Scheduled Caste community, even though they gave consent to the application of Balaraman, father of Dr. B.P. Latha. Learned Counsel for petitioner argued that a mere declaration by the parents that their child belongs to Scheduled Caste is sufficient to treat the child as belonging to Scheduled Caste or scheduled tribe, as the case may be, I do not think that the said argument is correct. As per the Government Order, the declaration should be regarding the way of life in which the child was brought up and then only the child could be treated as member of Scheduled Caste or scheduled Tribe. None of the parents are members of Scheduled Caste. Hence G.O. 477, may not apply.
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On the basis of the proceedings of the Tahsildar, Cheyyur petitioner obtained another community certificate from Tahsildar, Chinglepatt. It was that document that was produced at the time of admission of petitioner to the B.D.S. course, The Tahsildar, Chengalpattu does not seem to have made an enquiry. He simply relied on the proceedings of Tahsildar, Cheyyur and issued the certificate. Latha (mother of petitioner) never claimed that he belonged to Devendra kulathan, a Scheduled caste. The argument of learned Counsel for petitioner is that by the time G.O. 477 was issued, petitioner’s mother was already in service and, therefore, there was no necessity for her to claim the benefit. The argument pre-supposes that the claim to be a member of Scheduled Caste as per that Government Order is intended only for getting a job and not for another purpose. That is not the purport of the G.O., I find that the petitioner’s mother never wanted to avail the benefit of the Government Order till date. Only for the purpose of admission of petitioner to the professional course, she gave her consent for declaring that petitioner belongs to Devendrakulathan community. These circumstances prima facie show that the certificate has been obtained by petitioner only for the purpose of getting admission to professional course, though in reality he was never brought up as a member of Scheduled Caste. I am expressing this only as a prima facie view since it is on prima facie materials the order of suspension has been issued. There were sufficient materials before the authorities to take action against the petitioner and it cannot be said that the order of suspension is based on irrelevant materials or extraneous consideration. The documents are telling and the circumstances are also clear that only for the purpose of getting admission to the professional course, a certificate was obtained. Even though the Tahsildar, Cheyyur declared that the petitioner belongs to Scheduled Caste, even there after the mother did not want her son, petitioner herein, to be declared as a member of Scheduled Caste. This is clear from the fact that when she herself admitted her son in XI Std., she has filled in the application by her own hand, mentioned that the petitioner belongs to Dasari Most Backward community. That is a clinching circumstances to show that the way of life in which the petitioner was brought up was not that of a Scheduled Caste.
Having found that none of the parents of the petitioner are members of the Scheduled caste. the learned Judge remanded the matter on the ground that the respondent did not follow the principles of natural justice. While doing so, the learned Judge has further observed that the authorities are directed to complete the enquiry and pass appropriate orders untrammelled by any observations made in the order.
5. After remand, the 1st respondent, after conducting enquiry, passed the impugned order. Aggrieved against the same, the petitioner has filed the above writ petition.
6. To avail the benefits mentioned in the Government Order dated 27.6.1975, any one of the parents of the child should belong to Scheduled Caste. In the present case, the mother of the petitioner claims that she belongs to Scheduled Caste, on the basis of the mother’s belongs to Scheduled Caste. But it is not in dispute that till 1998 when the mother of the petitioner was issued community certificate that she belongs to Scheduled Caste, she had been claiming herself that she belongs to Most Backward community. When she herself claims throughout that she belongs to Most backward community for the purpose of getting community certificate for her son to get admission in the professional course, now she cannot claim that she belongs to Scheduled Caste. As stated in the impugned order, even in the school certificate and in the Service Register of the petitioner’s mother, it is specifically stated that she belongs only Jo Hindu-Dasari Community, which is the community of her father, In the transfer certificate of the petitioner given during 1993-94 when he studied XII Std., it is mentioned that he belongs to Hindu-Dasari community. When the mother of the petitioner treated herself that she belongs to Dasari Community throughout till 1998, when she has changed her mind, for the purpose of getting community certificate for her son, the petitioner, to the effect that she belongs to Devendra Kulathan Community the benefits given under the said Government Order dated 27.6.1975 cannot be made applicable to the petitioner, as none of his parents belongs to Scheduled Caste. Further the said Government Order was passed to give benefit of social and economic advancement and empowerment and social equality of status and dignity to person by giving such a status and therefore only if any one of the parents belong to scheduled tribes and Scheduled Castes, their children are entitled to the said benefit. Moreover, the ‘1st respondent after detailed consideration of the evidence placed by the petitioner has concluded that the petitioner is not a member of Scheduled Caste.
7. The mother of the petitioner throughout has adopted the case of his father with genuine intention. When she herself did not claim that she belongs to Scheduled Caste till recently, how the petitioner can claim that he belongs to Scheduled Caste on the basis of the Government order dated 27.6.1975, which has no application to the petitioner’s case, as none of his parents or members of the family belongs to Scheduled Caste.
8. The learned senior counsel appearing for the petitioner has submitted that before 1975, no such procedure was in vogue and so on the basis that the mother of the petitioner had not declared that she belongs to Scheduled Caste, the benefits given to the petitioner under the said Government Order cannot be denied. Such benefits can be invoked only if the persons are entitled to the same, under the said Government Order, on the basis of the caste of their parents. It cannot be said that for the purpose of getting such benefits under the said Government Order, the caste of the parents can be changed, when the parents of the petitioner had treated themselves belong to a particular community and adopted the same throughout.
9. The learned senior counsel appearing for the petitioner has tried to submit that the 1st respondent who passed the impugned order has already instructed the authorities to cancel the community certificate issued by the Tahsildar and so the impugned order has been passed with mala fide intention. As pointed out by the learned Government Advocate, no such plea has been raised in the affidavit and so such submission cannot be accepted. Further the 1st respondent has given valid reasons based on materials to come to the conclusion that the community certificate issued by the Tahsildar on the basis of the said Government Order dated 27.6.1975 cannot be sustained and so has rightly cancelled the same.
10. It is well-settled that a husband and wife are one under Hindu Law, and so long as the wife survives, she is half of the husband. It would therefore, be clear that, on marriage, the wife becomes an integral part of husband’s marital home entitled to equal status of husband as a member of the family. Therefore, the lady, on marriage, becomes a member of the family and thereby she becomes a, member of the caste to which she moved. The caste rigidly breaks down and would stand no impediment to her becoming a member of the family to which the husband belongs and she gets herself transplanted.
11. Further as held by the Apex Court in S. Nagarajan v. District Collector , the High Court is not a Court of Appeal to appreciate the evidence, and, wherein it has been held as follows:
It is an established position of law that though jurisdiction under Article 226 of the Constitution is wide, but nevertheless it cannot be exercised as an appellate jurisdiction and it is not open to this Court to appreciate the evidence and come to its own conclusion as long as it is shown that the fact-finding authority has followed the provision of law correctly and appreciated the evidence in reasonable manner. In other words, the approach of the fact-finding authority not being perverse and unreasonable and not being vitiated by non-consideration of the evidence on record, the fact that this Court can come to a different conclusion on the very same evidence would not be a ground for interference.
12. The learned senior counsel appearing for the petitioner has further submitted that the petitioner has almost completed his studies and so by cancelling his community certificate, he should not be sent out of the college. But, unfortunately, that is not the prayer sought for in the writ petition. Moreover, the petitioner has obtained such admission on the basis that he belongs to Scheduled Caste. The authorities have found that the same is not correct, and so such admission secured on that basis cannot be sustained, so, the said request cannot be accepted.
13. In view of the above, I do not find any merits in this writ petition. Accordingly, the same is dismissed. No costs, Consequently, the connected W.M.Ps. are closed.