High Court Kerala High Court

R.V.Abhilash vs Tahsildar on 23 December, 2009

Kerala High Court
R.V.Abhilash vs Tahsildar on 23 December, 2009
       

  

  

 
 
  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