IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 WA.No. 566 of 2010() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.10778/2009 Dated 17/02/2010 .................... APPELLANT(S)/PETITIONERS:- ------------------------------------------ 1. N.K.OMANA,,W/O.SURENDRANATH,C3-3, P & T QUARTERS, AGED 54 YEARS,MUTTAMBALAM P.O. KOTTAYAM-686004, 2. P.N.GOWRI,W/O.K.V.PADMANABHAN, AGED 60, KONATHETTU HOUSE,NEENDOOR P.O.,KOTTAYAM-686601. 3. M.K.RAJAMMA, W/O.P.K.VASU, 64YEARS,POYKATTUSSERIL HOUSE,KUMARAKAM P.O., KOTTAYAM. BY ADV. SRI.P.A.ABDUL JABBAR RESPONDENT(S)/RESPONDENTS:- ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, SC/ST DEVELOPMENT SEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF WELFARE, NEW DELHI. BY SPL.GOVT.PLEADER SRI.SANTHOSH KUMAR T. FOR R1 ADV. SRI.T.P.M.IBRAHIM KHAN, ASST.S.G OF INDIA FOR R2 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 26/05/2010, THE COURT ON 04/06/2010 DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. = = = = = = = = = = = = = Writ Appeal No.566 of 2010. = = = = = = = = = = = = = Dated this the 4th day of June, 2010. JUDGMENT Gopinathan, J. Reading the decision of the Apex Court in Punit Rai V. Dinesh Chaudhary (Civil Appeal No.659/2003), Sobha Hymavathi Devi V. Setty Gangadhuja Swamy and others (Civil Appeals Nos.4413-4414 of 2003), SLP(C).No.21472- 73/2005 (filed by Dr.Anoop) and the decision of this Court in Indira v. State of Kerala (WP(C).No.2483, 7039, 17317 of 2005 and connected cases), in suppression of certain earlier orders regarding the guidelines for issuing community certificates to the children borne to inter-caste married couple of which one of the parents is Scheduled Caste/Scheduled Tribe, for educational and employment benefits, on 20.11.2008, the first respondent State issued W A.No.566 of 2010. -: 2 :- Ext.P5 order. Assailing the second condition in Ext.P5, the appellants preferred WP(C).No.10778/2009 seeking the following main relief: "Issue a writ of certiorari or any other appropriate writ, direction or order calling for the files leading to the issuance of Ext.P5 Government Order and quash the 2nd condition imposed therein in the matter of issuing caste certificate declaring it as illegal and unconstitutional." 2. The learned Single Judge by the judgment impugned dismissed the writ petition holding that Ext.P5 order was issued incorporating the declaration made by this Court and hence unsustainable. Now this appeal. 3. We heard the learned counsel appearing for the appellants and the Government Pleader. 4. Though the second condition in Ext.P5 order as such is assailed, the learned counsel for the appellants submitted that the appellants are not aggrieved of the condition in full, but a portion of the condition that before issuing the certificate, the authorised officer shall ensure W A.No.566 of 2010. -: 3 :- the economic and educational disability alone is assailed. According to the learned counsel, it is in a way introducing creamy layer system for issuing community certificate regarding the status of the Scheduled Caste/Scheduled Tribe. On the other other, the learned Government Pleader submitted that once cross marriage occurs communal stigma goes and all children borne to those parents are not automatically entitled to the benefits available to Scheduled Caste/Scheduled Tribe children and in the event the parties to intercaste marriages are affluent and well educated they are not entitled to the special privileges available to the Scheduled Caste/Scheduled Tribe and the State has the liberty to restrict such benefits to actual deserving persons and the intent of the condition challenged is only to that extent. It was also submitted by the learned Government Pleader that to uplift those who are downtrodden for years, reservation and other concession for education and employment are provided and the Government in its W A.No.566 of 2010. -: 4 :- wisdom, taking into account of the cross marriages with persons belonging to upper caste and affluent families and their children lodging claims for educational and employment benefits as against really deserving persons and defeating them, imposed such condition and it would no way affect the really eligible parties. It was also submitted that the appellants were not at all denied certificate in view of the conditions assigned. We find merit in the submission made by the learned Government Pleader. The appellants, who had engaged in cross marriages, have no case that the conditions imposed in the order impugned had any way affected their rights or of any deserving children or that any direction given by this Court or the Apex Court in any of the decision referred was violated. But, the grievance is that certain other additional conditions are imposed. In the above circumstance, at present, there is no room for any grievance to the appellants. However, we find that in the event the appellants apprehend that in future, Ext.P5 would W A.No.566 of 2010. -: 5 :- affect their rights adversely, they are at liberty to represent to the first respondent who shall consider the same on merits and issue appropriate orders/modification. We find no reason to interfere with the judgment impugned. The appeal is devoid of merit. Accordingly it is dismissed reserving the right to approach the State for any modification of Ext.P5. No order as to costs. C.N.RAMACHANDRAN NAIR (Judge) P.S.GOPINATHAN (Judge) kvs/-