IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 WP(C).No. 7439 of 2008(I) ------------------------------------- PETITIONER(S): -------------------------- 1. M.B.INDIRA, W/O.A.RAJAPPAN, AGED 57 YEARS, "INDU", RESIDING AT 54/3302, KADAVANTHRA, KOCHI-20. 2. INDUJA.V.R., D/O.M.B.INDIRA, AGED 25 YEARS, "INDU", RESIDING AT 54/3302, KADAVANTHRA, KOCHI-20. BY ADV. SRI.P.A.ABDUL JABBAR RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, SC/ST DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. TAHSILDAR, KANAYANNUR TALUK, TALUK OFFICE, ERNAKULAM. 3. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF WELFARE, NEW DELHI. SPL. GOVERNMENT PLEADER SRI.P.SANTHOSHKUMAR FOR R1&R2 ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.7439/2008 I APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CERTIFICATE ISSUED BY TAHASILDAR, MEENACHIL TALUK CERTIFYING THE CASTE STATUS OF THE 1ST PETITIONER DTD. 06/05/1992. EXT.P2: COPY OF THE VIVAHAPATHRIKA ISSUED BY AKHILA THIRUVITHAMKOOR MALA ARAYA MAHA SABHA DTD. 07/05/1972. EXT.P3: COPY OF THE MEMBERSHIP CERTIFICATE ISSUED BY AKHILA THIRUVITHAMKOOR MALA ARAYA SABHA DTD.7/5/1972. EXT.P4: COPY OF THE GOVERNMENT ORDER NO.(MS) 11/77/DD DTD. 25/01/1977. EXT.P5: COPY OF THE REPORT OF THE LAW SECRETARY TO THE 1ST RESPONDENT DTD. 14/07/2004. EXT.P6: COPY OF THE GOVT.ORDER NO.G.O.(MS) 11/2005/SCSTDD DTD. 22/03/2005. EXT.P7: COPY OF NOTIFICATION NO.G.O.(MS) NO.298 DTD. 23/03/1961. EXT.P8: G.O.(MS) NO.25/2005 SC/ST/DD MODIFYING THE EXT.P6 ORDER DTD. 26/06/2005. EXT.P9: COPY OF THE APPLICATION SUBMITTED BEFORE THE 2ND RESPONDENT BY THE PETITIONER DTD. 10/10/2005. EXT.P10: COPY OF THE CASTE CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITINOER DTD. 07/11/2003. EXT.P11: COPY OF COVERING LETTER ISSUE BY THE 2ND RESPONDENT DTD. 25/10/2007. EXT.P12: COPY OF THE CASTE CERTIFICATE ISSUED BY THE 2ND RESPONDENT DTD. 25/10/2007. EXT.P13: COPY OF THE NOTIFICATION NO.136/7/RD DTD. 27/04/2007. EXT.P14: COPY OF THE JUDGMENT IN CON.COURT CASE NO.59/08 PASSED BY THE HON'BLE HIGH COURT OF KERLA DTD. 22/01/2008. Kss .2/- ..2..... WPC.NO.7439/2008 I EXT.P15: COPY OF THE KERALA (SCHEDULE CASTES AND SCHEDULE TRIBES) REGULATION OF ISSUE OF COMMUNITY CERTIFICATES (AMENDMENT) ORDINANCE 2006. EXT.P16: COPY OF THE APPLICATION FOR REGISTRATION FOR PH.D. IN M.G.UNIVERSITY WITH ADMISSION CARD DTD. NIL. EXT.P17: COPY OF THE GOVT.ORDER G.O.(MS) NO.109/SCSTDD DTD. 20/11/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC,J. ----------------------- W.P.(C).No.7439 OF 2004 ------------------------ Dated this the 20th day of January, 2009. JUDGMENT Second petitioner applied for a caste certificate as per Ext.P9. Accordingly, Ext.P12 caste certificate was issued certifying that the 2nd petitioner belongs to Hindu Deevara (Vaalan) community, it being her father's caste, recognized as an OBC. She submits that her mother, Ist petitioner, is belonging to Mala Araya community and therefore she is entitled to ST status. It is urging this contention that the writ petition is filed. 2. Petitioners have now produced Ext.P17 Government Order dated 20.11.2008, issued following the Full Bench judgment of this court in Indira v. Union of India (2005(4) KLT 119 ), directing that the competent authority is entitled to issue SC/ST certificate to the children born out of the intercaste married couple in the manner as directed WP(c).nO.7439/08 /2/ therein. In the light of Ext.P17, petitioners submit that Ext.P12 certificate issued only on the basis of the father's caste is illegal. 3. A reading of Ext.P12 shows that it was issued adopting her father's caste as petitioner's caste..Her mother being a scheduled caste if the conditions of Ext.P17 are satisfied the 2nd petitioner is entitled to that status. Therefore, the matter needs to be enquired into. Accordingly, setting aside Ext.P12 I direct the 2nd respondent to consider Ext.P9 after conducing an enquiry as directed in Ext.P17 and pass fresh orders on the application made by the petitioner. Enquiry shall be completed and orders shall be passed as expeditiously as possible and at any rate within 3 moths from the date of production of a copy of the judgment. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WP(c).nO.7439/08 /2/