IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 WP(C).No. 13668 of 2009(C) -------------------------------------- PETITIONER(S): ---------------------- ABHILASH. R.V., VALIYAVILA PUTHEN VEEDU, THALAIKONAM, KURUTHAMCODE P.O., KATTAKKADA, THIRUVANANTHAPURAM. BY ADV. MR.P.V.JAYACHANDRAN MR.KEERTHI SOLOMON. RESPONDENT(S): ------------------------- 1. TAHSILDAR, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. 2. THE VILLAGE OFFICER, KULLATHUMMAL VILLAGE, KATTAKKADA, THIRUVANANTHAPURAM. 3. KERALA PUBLIC SERVICE COMMISSION PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. R1 & R2 BY SPL. GOVERNMENT PLEADER MR.SANTHOSH KUMAR. R3 BY ADV. MR.ALEXANDER THOMAS, SC, KPSC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 13668/2009-C APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE 3RD PAGE OF S.S.L.C. BOOK OF THE PETITIONER. EXT.P2: COPY OF THE CASTE CERTIFICATE ISSUED BY THE TAHSILDAR DATED NIL. EXT.P3: COPY OF THE CASTE CERTIFICATE ISSUED BY THE TAHSILDAR DATED 22/08/2008. EXT.P4: COPY OF THE TRANSFER CERTIFICATE DATED 10/06/2004 ISSUED BY INDUSTRIAL TRAINING DEPARTMENT. EXT.P5: COPY OF THE NOTICE ISSUED BY THE KPSC TO THE PETITIONER DATED 30/03/2009. EXT.P6: COPY OF THE GOVERNMENT ORDER G.O.NO.109/2008/SCSTDD DATED 20/11/2008. EXT.P7: COPY OF THE CERTIFICATE ISSUED BY THE TAHSILDAR DATED 24/04/2009 TO THE PETITIONER'S BROTHER. EXT.P8(a): COPY OF THE CERTIFICATE ISSUED FROM DEVI TEMPLE TRUST, KURUTHAMKODE DATED 12/07/2009. EXT.P8(b): COPY OF THE CERTIFICATE ISSUED BY MAHATMA AYYANKALI SAMSKARIKA SAMITHI, CHARUPARA, KATTAKADA DATED 05/07/2009. EXT.P8(c): COPY OF THE CERTIFICATE ISSUED BY THE PLACKAL CHURCH (SIUC) DATED 02/07/2009. EXT.P9: COPY OF THE NOTICE DATED 30/06/2009 ISSUED BY THE 1ST RESPONDENT. EXT.P10: COPY OF THE SCHOOL ADMISSION REGISTER. EXT.P11: COPY OF THE RATION CARD. RESPONDENT'S EXHIBITS & ANNEXURES: EXT.R1(1): COPY OF THE ENQUIRY REPORT OF THE VILLAGE OFFICER, KULATHUMEL THE REVERSE SIDE OF THE APPLICATION. EXT.R1(2): COPY OF THE ENQUIRY REPORT OF THE DEPUTY TAHSILDAR DATED 28/04/2009. ANNEXURE R1(a): COPY OF THE STATEMENT OBTAINED FROM THE PETITIONER. ANNEXURE R1(b): COPY OF THE STATEMENT OBTAINED FROM ONE SURESH KUMAR. ANNEXURE R1(c): COPY OF THE STATEMENT OBTAINED FROM LAWRENCE. ANNEXURE R1(d): COPY OF THE ENQUIRY REPORT. //TRUE COPY// P.S. TO JUDGE rs. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.13668 of 2009-C = = = = = = = = = = = = = = = = = = = = = = = = 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