IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 WP(C).No. 15587 of 2010(W) -------------------------- PETITIONER(S): --------------- RAJAKUMAR.U,S/O.UMAMAHESWARA IYER, AGED 45 YEARS,RESIDING AT T.C.50/370(4), MARUTHOORKADAVU,KARAMANA.P.O,KALADY, THIRUVANANTHAPURAM,WORKING AS JUNIOR HEALTH INSPECTOR GRADE.I,COMMUNITY HEALTH CENTRE, KODUVAYOOR,PALAKKAD. BY ADV. SRI.P.B.SURESH KUMAR SRI.LEO GEORGE RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER OF HEALTH, PALAKKAD. MR.ARAVINDKUMAR BABU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.15587 of 2010 (W) --------------------------------- Dated, this the 27th day of May, 2010 J U D G M E N T The petitioner is working as a Junior Health Inspector Grade-I in the Health Services Department. He is presently working in Palakkad district. He is a Tamil Brahmin and he is married to a Hindu Nair lady, which is certified by Village Officer by Ext.P5. In this writ petition, the petitioner is claiming the benefit of Exts.P1, P2 & P6. Ext.P1 is the Government Order providing that Government Employees who have entered into inter caste marriage will be posted to the same station. This order is seen reiterated by the Government in Ext.P2 and Ext.P6. 2. Claiming the benefit of Exts.P1, P2 & P6, the petitioner submitted Ext.P4 request seeking a transfer to Thiruvananthapuram district, where his wife is working. However, the request was not considered and his name was not included in Ext.P7 provisional list of transfer. He filed appeal against Ext.P7, and that resulted in Ext.P11. In Ext.P11, the 2nd respondent has referred to Ext.P1 and WP(C) No.15587/2010 -2- negatived the claim of the petitioner clarifying that a marriage of Namboothiri to a member of Nair community cannot be treated as inter caste marriage. 3. Thus the claim of the petitioner for the benefit of Exts.P1, P2 & P6 stands rejected by this order. It is challenging Exts.P7 & P11 and claiming the benefit of the aforesaid Government orders, this writ petition is filed. 4. The clarification in Ext.P1 as contained in paragraph 4 of the said order reads as under:- “The interpretation of the word inter caste marriage also is involved. A Numboodiries' marriage in a Nair family is allowed by custom. In such cases, it will not be necessary to treat the marriage as an inter caste marriage. But where persons belonging to different castes marry each other and where such marriage is not permitted by custom common to the communities, the marriage will be treated as an inter caste marriage.” 5. Referring to paragraph 4 of Ext.P1 and the view taken in Ext.P11, the learned counsel for the petitioner submitted that the 2nd respondent has misdirected himself in as much as he has proceeded on the basis that the petitioner is a Namboothiri and therefore he is not eligible for the transfer. According to him since he is a Tamil Brahmin, the basis on which his claim has been dealt WP(C) No.15587/2010 -3- with is incorrect and for that reason the order is illegal. Having heard the learned counsel for the petitioner, I should confess my inability to agree with his submission. In Ext.P1 order, it is stated that Government employees, who have entered into inter caste marriage will be posted to the same station. The purpose of giving this concession to inter caste married couples is to enable such of those couples who have entered into intercaste marriage violating social or communal restrictions and prohibitions to lead normal family life despite the stigma and ostracisation suffered by them from the society and communities to which they belong. The petitioner admittedly belongs to a Tamil Brahmin community which is an upper caste and his wife belongs to Hindu Nair, which also is a community of equal status. They have not suffered any social disadvantage following their marriage. Therefore, the petitioner cannot seek the benefits of Exts.P1, P2 & P6. Therefore, the view taken in Ext.P11 does not call for interference. The writ petition fails and is accordingly dismissed. (ANTONY DOMINIC, JUDGE) jg