IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 WP(C).No. 28122 of 2008(W) -------------------------- PETITIONER(S): --------------- BEENA K.B. ,AGED 27 YEARS, W/O. BINU, KUNNUMPURATH, VADAKKAN MARADI, MARADI VILLAGE, ERNAKULAM. BY ADV. MR.C.S.MANU MR.S.K.PREMRAJ MR.ANOOP JOSEPH MR.ABHILASH AKBAR MR.T.B.SIVAPRASAD RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. REVENUE DIVISIONAL OFFICER, MOOVATTUPUZHA, ERNAKULAM DISTRICT. 4. THE TAHSILDAR, MOVATTUPUZHA,ERNAKULAM DISTRICT 5. THE VILLAGE OFFICER, MARADI VILLAGE, ERNAKULAM. 6. KERALA PUBLIC SERVICE COMMISSION THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. ADV.MR. ALEXANDER THOMAS, SC, KPSC GOVERNMENT PLEADER MR. SANTHOSH KUMAR. P. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/02/2009, ALONG WITH WPC NO. 28698 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY, Ag.CJ & P.BHAVADASAN, J. =========================== W.P.(C).Nos.28122 (N) and 28698 (W) of 2008 =============================== Dated this the 10th day of February, 2009. J U D G M E N T Koshy, Ag.CJ. Petitioners in these writ petitions were born out of inter caste marriage. In these two cases, mothers belong to scheduled tribe. It is their case that they were born and brought up as a scheduled tribe. As per various Government Orders, they are entitled to educational benefits of scheduled tribe. Such Government orders are passed for encouraging mixed marriages. The question is whether caste status can be given to them considering the mothers' caste. It is their case that, in their school certificate they were treated as belonging to the scheduled tribe candidates. But, now the caste certificate is given based only on father's caste. They question the same. A Full Bench of this Court considered the matter in Indira v. State of Kerala (2005 (4) KLT 119). Paragraph 20 of the judgment reads as follows: “20. Children born of inter caste marriage of which either of the parents belongs to scheduled caste/scheduled tribe should have a caste status either that of the mother or that of the father. Article 15(4), 16(4) and 164(A) are intended to remove all handicaps and disadvantages suffered by members of scheduled caste/scheduled tribes. Suppose a neglected or deserted SC/ST woman brings up her child, with the W.P.(C).Nos.28122 (N) and 28698 (W) of 2008 2 same handicaps, suffering, disadvantages, attached to that caste/tribe, whose father belong to non SC/ST, it is too harsh to deny the benefit to that child on the mere reason that the child's father belongs to non scheduled caste/scheduled tribe caste. Person who claims the status of scheduled caste/scheduled tribe of his/her father or mother has to establish that on his/her birth, he/she is subjected to same social disabilities and also following the same customs and traditions and the community has accepted that person to its fold.” 2. Based upon the above, Government has now passed a Government Order, G.O.(Ms).No.109/2008/SCSTDD dated 20.11.2008. In the above circumstances, we direct the 4th respondents Tahsildars (in these two writ petitions) to consider the above Government Order and petitioners' case and pass fresh orders after conducting enquiry notwithstanding their rejection of claims earlier. These writ petitions are disposed of accordingly. J.B.KOSHY, ACTING CHIEF JUSTICE. P.BHAVADASAN, JUDGE. bkn/-