K.P. MANU versus CHAIRMAN, SCRUTINY COMMITTEE FOR  VERIFICATION OF COMMUNITY CERTIFICATE
[2015] 3 S.C.R. 243, Supreme Court of India, 2015
Outcome: Appeal(s) allowed (Granted)
Segment: Issues
[2015] 3 S.C.R. 243 
K.P. MANU 
v. 
CHAIRMAN, SCRUTINY COMMITTEE FOR 
VERIFICATION OF COMMUNITY CERTIFICATE 
(Civil Appeal No. 7065 of 2008) 
FEBRUARY 26, 2015 
A 
8 
[DIPAK MISRA AND V. GOPALA GOWDA, JJ.] 
C 
·Kera/a (Scheduled Castes and Scheduled Tribes) 
Regulation of Issue of Community Certificates Act, 1996 
- Grant of caste certificate - Challenge to - Appellant born 
to Christian parents, his grandfather embraced the 0 
Christianity after leaving Hinduism and the appellant 
converted to Hindu at the age of 24 -
Grant of caste 
certificate of 'Hindu Pulaya' to which his ancestors 
belonged - Scrutiny committee as also High Court holding 
that he could not be treated as a Hindu - Sustainability E 
of - Held: Not sustainable - For grant of scheduled caste 
status, person must belong to the caste recognised by the 
Constitution (Scheduled Castes) Order, 1950, there should 
be reconversion to the original religion to which the 
forefathers belonged; and should be accepted by the F 
community -Appellant after reconversion had come within 
the fold of the community, and thereby became a member 
of the Scheduled Caste - Had the community expelled 
him, the matter would have been different - Acceptance 
is in continuum - Appellant's marriage to a Christian lady G 
and non-production of any evidence for leading the life of 
a Hindu would not make any difference - Appel/an( to be 
243 
H
244 
SUPREME COURT REPORTS 
[2015] 3 S.C.R. 
A ·reinstated in service forthwith with all the benefits relating 
to seniority and his caste and also be paid back wages 
upto 75 per cent - Social status certificate. 
B 
Allowing the appeal, the Court 
HELD: 1.1 Three things that need to be established 
by a person who claims to be a beneficiary of the caste 
certificate are (i) there must be absolutely clear cut 
proof that he belongs to the caste that has been 
c . recognised by the Constitution (Scheduled Castes) 
Order, 1950; (ii) there has been reconversion to the 
original religion to which the parents and earlier 
generations had belonged; and (iii) there has to be 
evidence establishing the acceptance by the 
D community. Each aspect is very significant, and if one 
is not substantiated, the recognition would not be 
possible. [Para 34] [278-D-E] 
1.2 If a person who is born to Christian parents who 
E had converted·to Christianity from the Scheduled Caste 
Hindu·can avail the benefit of the caste certificate after 
his embracing Hinduism subject to other qualifications, 
there cannot be any soundness of logic that he cannot 
avail the similar benefit because his grandparents were 
F converted and he was born to the parents who were 
Christians. They must have belonged to that caste and 
after conversion the community has accepted. Thus, the 
reasoning as ascribed by the Scrutiny Committee as 
well as by the High Court is unacceptable. [Para 35] 
G [278-F-G; 279-A] 
H
• 
The Principal Guntur Medical College, Guntur & Ors. 
v. Y. Mohan Rao (1976) 3 SCC 411: 1976 (3) SCR 1046-
followed. 
S. Anbalagan v. B. Devarajan and others (1984) 2 SCC
K.P. MANU v. CHAIRMAN, SCRUTINY COMM. FOR 
245 
VERIFICATION OF COMMUNITY CERT. 
112: 1984 (1) SCR 973 - relied on. 
A 
1.3 The first principle in S. Swvigaradoss's case 
that a court can look into the Notification by the 
President and the act of the Parliament under the 
Scheduled Castes and Scheduled Tribes Order B 
(Amendment) Act, 1976 and the schedule appended 
thereto for the limited purpose to find whether the 
castes, races or tribes are parts or groups within the 
caste, races or tribes, especially scheduled castes for 
the purpose of Constitution, and it is because what has c 
been included or excluded therein are conclusive, is 
concurred with. [Para 42] [284-C-D] 
S. Swvigaradoss v. Zonal Manager; F.C.I. (1996) 3 SCC 
100: 1996 (1) SCR 995 - relied on. 
D 
1.4 As far as the second principle in S. 
Swvigaradoss's case that a person born to Christian 
parents, who initially belonged to the Scheduled Caste, 
even after his reconversion cannot claim to be a 
Scheduled Caste, it is essential to note that the E 
authorities of larger Bench in Y. Mohan Rao case, 
Kai/ash Sonkar case and S. Anbalagan case were not 
brought to the notice of the Court. lrrefragably, the 
second principle runs contrary to the proposition laid F 
down in the Constitution Bench in Y. Mohan Rao's case 
and the decisions rendered by the three-Judge Bench. 
When a binding precedent is not taken note of ,and the 
judgment is rendered in ignorance or forgetfulness of 
the binding authority, the
concept of per incuria comes G 
into play. Tested on the said principles, the judgment 
in S. Swvigaradoss case, as far as the second principle 
is concerned, is per incuriam. [Para 42, 43, 44] [284-D-
G; 286-8] 
S. Swvigaradoss v. Zonal Manager; F.C.I. (1996) 3 SCC H
246 
SUPREME COURT REPORTS 
[2015] 3 S.C.R. 
A 100: 1996 (1) SCR 995 - per incuriam. 
1.5 As far as marriage is concerned, that should not 
have been considered as the central and seminal facet 
to deny the benefit. When the community has accepted 
s and the community, despite the marriage, has not ex-
communicated or expelled, the same would not be a 
disqualification. The appellant got married to a Christian 
lady and that ·has been held against him. It has also 
been opined that he could not produce any evidence 
C to show that he has been accepted by the community 
for leading the life of a Hindu. As far as the marriage 
and leading of Hindu life are concerned, it really cannot 
.be allowed to make any difference. The community 
which is a recognised organisation by the State 
D Government, has granted the certificate in categorical 
terms in favour of the appellant. It is the community 
which has the final say as far as acceptance is 
concerned, for it accepts the person, on reconversion, 
and takes him within its fold. Therefore, the appellant 
E after reconversion had come within the fold of the 
community and thereby became a member of the 
scheduled ca~te. Had the community expelled him the 
matter would have been different. The acceptance is in 
F continuum. Ergo, the reasonings ascribed by the 
Scrutiny Committee which have been concurred with 
by the High Court are wholly unsustainable. The 
judgment and order of the High Court, findings of the· 
Scrutiny
Committee and the orders passed by the Sta~
1 
G Government and the second respondent are set aside, 
The appellant to be reinstated in service forthwith with 
all the benefits relating to seniority and his caste, and' 
also be paid backwages upto 75% within eight weeks 
from today. [Para 45, 46] (286-C-G] 
H 
The Principal Guntur Medical College, Guntur & Ors.
K.P. MANU v. CHAIRMAN, SCRUTINY COMM. FOR 
247 
VERIFICATION OF COMMUNITY CERT. 
v.y Mohan RRao (1976) 3 SCC 411; Kodikunnil Suresh A 
@J. Monian v. N.S. Saji Kumar & Ors. (2011) 6 SCC 430: 
2011 (7) SCR 640; C.M. Arumugam V. S. Rajgopal and 
others (1976) 1 SCC 863: 1976 (3) SCR 82; Coopoosami 
Chetty V. Duraisami Chetty ILR 33 Mad 57; Muthusami V. 
Masilamani ILR 33 Mad 342; Mad l.J. 49; G. Michael V. S. 
B 
Venkateswaran AIR 1952 Mad. 474; Kai/ash Sonkar V. 
Maya Devi (1984) 2 SCC 91: 1984 (2) SCR 176 ; 
Administrator-General of Madras v. Anandachari ILR 9 Mad 
342; Gurusami Nadar v. lrulappa Konar AIR 1934 Mad 630; 
Rajagopal v. Armugam (1969) 1 SCR 254; Perumal Nadar C 
v. Ponnuswami (1971) 1 SCR 49; Vermani v. Vermani AIR 
1943 Lah 51: 205 IC 290; Chatturbhuj Vithaldas Jasani v. 
Moreshwar Parashram 1954 SCR 817; Puneet Rai v. 
D{nesh Chaudhary (2003) 8 SCC 204: 2003 (2) Suppl. D 
SCR 743; State of Kera/a & Anr. v. Chandramohanan (2004) 
3 SCC 429: 2004 (1) SCR 1155; Nityanand Sharma v. 
State of Bihar (1996) 3 SCC 576: 1996 (2) SCR 1; N.E. 
Horo v. Jahanara Jaipal Singh (1972) 1 SCC 771: 1972 (3) 
SCR 361 ; State of M.P. and Another v. Ram Kishna E 
Balothia and Another (1995) 3 SCC 221: 1995 (1) SCR 
897; B. Basavalingappa v. D. Munichinnappa AIR 1965 SC 
1269: 1965 SCR 316; Bhaiyalal v. Harikishan Singh AIR 
1965 SC 1557: 1~65 SCR 877: Srish Kumar Choudury 
v. State of Tripura (1990) Supp.sec 220: 1990 SCR 576; 
F 
Kumari Madhuri P,atel v. Addi. Commissioner, Tribal
Development (1994) 6 SCC 241: 1994 (3) Suppl. SCR 
50; A.R. Antu/ay v. R.S. Nayak (1988) 2 SCC 602: 
1988 
(1) Suppl. SCR 1; Union of/ndia and Others v. R.P. Singh 
(2-014) 7 SCC 340 - referred to. 
G 
Social Impact of Conversion by Y. Antony Raj; The 
Dalits Christians: A History by John C. B. Webster -
referred to. 
H

248 
SUPREME COURT REPORTS 
[2015] 3 S.C.R. 
A 
Case Law Reference 
(1976) 3 sec 411 
referred to 
Para 6 
2011 (7) SCR 640 
referred to 
Para 6 
B 
1976 (3) SCR 82 
referred to 
Para 9 
ILR 33 Mad 57 
referred to 
Para 9 
ILR 33 Mad 342 
referred to 
Para 9 
c 
AIR 1952 Mad. 474 
referred to 
Para 9 
1984 (2) SCR 176 
referred to 
Para 14 
ILR 9 Mad 342 
referred to 
Para 18 
D 
AIR 1934 Mad 630 
referred to 
Para 18 
(1969) 1 SCR 254 
referred to 
Para 18 
(1971) 1 SCR 49 
referred to 
Para 18 
E 
AIR 1943 Lah 51 
referred to 
Para 18 
1954 SCR 817 
referred to 
Para 18 
2003(2) Suppl. SCR 743 referred to 
Para 19 
F 
2004 (1) SCR 1155 
referred to 
Para 20 
1996 (2) SCR 1 
referred to 
Para 20 
1972 (3) SCR 361 
referred to 
Para 20 
G 
1995 (1) SCR 897 
referred to 
Para 31 
1976 (3) SCR 1046 
followed. 
Para 32, 33 
1984 (1) SCR 973 
relied on. 
Para 33,35 
H
K.P. MANU v. CHAIRMAN, SCRUTINY COMM. FOR 
249 
VERIFICATION OF COMMUNITY CERT. 
1996 (1) SCR 995 
relied on. 
Para 42 
1996 (1) SCR 995 
per incuriam 
Para 43 
1965 SCR 316 
referred to 
Para 41 
1965 SCR 877 
referred to 
Para 41 · 
1990 SCR 576 
referred to 
Para 41 
1994 (3) Suppl. SCR 50 referred to 
Para 41 
1988 (1) Suppl.SCR 1 
referred to 
Para 43 
(2014) 1 sec 340 
referred to 
Para 44 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 
7065 of 2008. 
From the Judgment and Order dated 09.08.2006 in R. 
P. No. 503 of 2006 and order dated 10.03.2006 in M. F. A. 
No. 55 of 2006 of the High Court of Kerala at Ernakularh. 
A 
B 
c 
D 
Shekhar Naphade, Jayakrishnan, John Mathew for the E 
Appellant. 
Liz Mathew, M. F. Philip, Shriya Raj Chauhan, R. 
Sathish, G. Prakash for the Respondents. 
F 
The Judgment of the Court was delivered by 
DIPAK MISRA, J. 1. In this appeal, by special leave, 
the assail is to the judgment and order dated 1 Oth March, 
2006 passed by the Division Bench of the High Court of G 
Kerala in M.F.A. No. 55 of 2006 wherein the High Court has 
accepted the report of the Scrutiny Committee constituted 
under the Kerala (Scheduled Castes and Scheduled Tribes) 
Regulation of Issue of Community Certificates Act, 1996 (for 
short "the Act") wherein the caste certificate granted in H
250 
SUPREME COURT REPORTS 
[2015) 3 S.C.R. 
A favour of K.P.' Manu, the appellant herein, had been 
cancelled. 
2. The facts giving rise to the present appeal are that 
one Shri S. Sreekumar Menon invoked the jurisdiction of 
B ~the Scrutiny Committee under Section 11 (3) of the Act 
challenging the grant of caste certificate, namely, Hindu 
Pulaya to the appellant on the ground that the said 
certificate had been obtained by him on misrepresentation, 
and that apart the concerned authority had issued the caste 
C certificate in total transgression of law. The Committee 
conducted an enquiry and eventually by its order dated 4th 
February, 2006 had returned a finding that the appellant was 
erroneously issued a caste certificate inasmuch as he was 
' 
not of Hindu ~>rigin and hence, could not have been 
D conferred the benefit of the caste status. It is not in dispute 
that the great grandfather of the appellant belonged to 
Hindu Pulaya Community. His son Chothi embraced 
Christianity and accepted a n.ew name, that is, Varghese 
who married Mariam who originally belonged to Hindu 
E ~ Ezhava community and later on converted to Christianity. 
In the wedlock three sons, namely, Varghese, Yohannan 
and Paulose were born. The father of the appellant, 
Paulose, got married to Kunjamma who was a Christian. 
F The appellant who was born on 03.01.1960 sometime in 
the year 1984 at the age of 24 converted himse!f to Hindu 
religion and changed his name to that of K.P. Manu. On 
the
basis of the conversion he applied for a caste certificate 
to Akhila Bharata Ayyappa Seva Sangham. Be it stated, 
G the appellant after conversion had obtained a certificate 
from the concer.ned community on 5th February, 1984. 
Eventually, the Tehsildar who was authorised to issue the 
caste certificate had issued the necessary caste certificate. 
I 
H· 
3. On the basis of the complaint made, the Scrutiny
K.P. MANU v. CHAIRMAN, SCRUTINY COMM. FOR 
251 
VERIFICATION OF COMMUNITY CERT. [DIPAK MISRA, J.) 
Committee embarked upon an enquiry and recorded a A 
finding holding, inter alia, that the appellant does not belong 
to that caste. The report of the Scrutiny Committee appears 
to have been influenced by two aspects, namely, that the 
appellant was born to Christian parents, whose 
grandparents had embraced Christianity and second, there ff 
is no material brought on record to show that the appellant 
after conversion has been following the traditions and 
customs of the community. To arrive at the second 
conclusion, emphasis has been laid on the fact that the 
appellant after conversion, had married a Christian lady. 
C 
4. On the basis of the aforesaid report of the Scrutiny 
Committee, the State Government took action and directed 
the employer of the appellant, respondent No. 2 herein, to 
remove him from service and recover a sum of Rs.15 lakhs D 
towards the salary paid to him. The said report of the 
Committee and the order in sequitur having the base on 
the report were the·subject matter of challenge before the 
High Court in appeal. 
E 
5. On a perusal of the order passed by the High Court 
it 'is perceptible that it has affirmed the findings of the 
Committee on the basis that the paternal as well as 
maternal grandfather of the appellant belonged to Christian 
community and professed Christian faith; that the parents F 
of the appellant were born as Christians
and they continued 
to profess Christianity; that the appellant also was born as 
a Christian; that there is no caste by name 'Pulaya convert'; 
. that neither the state government nor the revenue officials 
have the power to effect any alteration in the caste name G 
contrary to the Constitution (Scheduled Castes) Order, 1950 
issued under the authority of the Constitution of India; that 
the appellant cannot claim the caste status of Pulaya merely 
on the ground that he had embraced Hinduism at the age H
252 
SUPREME COURT REPORTS 
[2015] 3 S.C.R. 
A of 24; that his claim that he should be treated as, one 
belonging to scheduled caste community has been rightly 
rejected by the Committee after considering all the relevant 
facts and the law on the subject; and that neither the 
appellant nor his parents had enjoyed the caste status of 
B Pulaya. On the aforesaid basis, the High Court opined that 
by embracing Hinduism at the age of 24, the appellant who 
was born to Christian parents and professed Christian faith 
is not entitled to claim that he is "Hindu-Pulaya." 
In the 
ultimate result, the writ petition was dismissed. 
c 
6. Calling in question the legal propriety of the aforesaid 
order, it is submitted by Mr. Naphade, learned senior 
counsel for the appellant that the High Court has fallen into 
serious error in its understanding of the ratio laid down by 
D the Constitution Bench in the case of The Principal Guntur 
Medical College, Guntur & Ors. v. Y. Mohan Rao 1, 
inasmuch as it has ruled that benefit available to a 
Scheduled Caste can only be made available to a person, 
if his parents were converted to Christianity and he has 
E been reconverted and further satisfies other conditions like 
following th+ customs and traditions of the Caste after 
reconversio1 but would not be applicable to a person if his 
"grandparents had converted to Christianity. Learned senior 
F counsel wo~ld submit that the finding of the Scrutiny 
Committee dbes not deserve acceptation
inasmuch as the 
expert agenc~ which has been constituted under Section 9 
of the Act to Inquire into certain aspects though has given 
a categoricallfinding that the appellant had produced the 
G requisite certi~cate, yet has fallaciously concluded that after 
conversion h19 has not been following the traditions of 
Christian relig
1jon, for he has entered into wedlock with a 
Christian wom~n. Learned senior counsel has also placed 
I 
H 1 (1976) 3 sec 4!1
K.P. MANU v. CHAIRMAN, SCRUTINY COMM. FOR 
253 
VERiFICATION OF COMMUNITY CERT. [DIPAK MISRA, J.) 
reliance on a two-Judge Bench decision in Kodikunnil A 
Suresh @J. Monian v. N.S. Saji Kumar & Ors. 2. 
7. Resisting the submissions canvassed by Mr. 
Naphade, learned senior counsel for the appellant, Ms. Liz 
Mathew, learned counsel for the respondent-State submitted 
B 
that the reasoning of High Court cannot be faulted inasmuch 
as the Constitution Bench does not lay down that a person 
born as a Christian whose grandparents had embraced 
Christianity can, on reconversion, come back to the stream 
of. his/her original caste on acceptance by the community, C 
and further the principle stated therein should not be 
stretched to. cover that arena. That apart, submits she, the 
onus is on the appellant to adduce proof in respect of the 
fact that after conversion he has been following the Hindu 
rites and customs that is meant for the caste and in the case D 
at hand the said burden has not been discharged. 
8. As we perceive, the controversy fundamentally has 
three arenas, namely, (1) whether on conversion and at 
what stage a person born to Christian parents can, after E 
reconversion to the. Hindu religion, be eligible to claim the 
benefit of his original caste; (ii) whether after his eligibility 
is accepted and his original community on a collective basis 
takes him within its fold, he still can be denied the benefit; 
and (iii) that who should be the authority to opine
that he F 
has been following the traditions and customs of a particular 
caste or not. We have enumerated the basic tests and in 
course of our discussion, we shall delve into certain ancillary 
issues regard being had to the area of analysis. 
9. To appreciate the questions that we have formulated, 
it is necessary to refer to the authorities in chronology. A 
2 (2011) e sec 430 
G 
H
SUPREME COURT REPORTS 
[2015] 3 S.C.R. 
A three-Judge Bench in C.M. Arumugam II. S. Rajgopal and 
others3, while dealing with the concept of caste, referred 
to the pronouncements in Coopoosami Chetty \I. 
Duraisami Chetty', Muthusami II. Masilamani5 and G 
Michael II. S. Venkateswaran6 and opined thus: 
B 
"It is no doybt true, and there we agree with the Madras 
High Court in G Michael case that the general rule is 
that conversion operates as an expulsion from the 
caste, or, in other words, the convert ceases to have 
C 
any caste, because caste is predominantly a feature 
of Hindu society and ordinarily a person who ceases 
to be a Hindu would not be regarded by the other 
members of the caste as belonging to their fold. /But 
ultimately it must depend on the structure of the caste 
D 
and its rules and regulations whether a person would 
cease to belong to the caste on his abjuring Hinduism. 
If the structure of the caste is such that its members 
must necessarily belong to Hindu religion. a member. 
E 
F 
G 
who ceases to be a Hindu. would go out of the caste. 
because no non-Hindu {;an be in the caste according 
to its rules and regulations. Where. on the other hand. 
having regard to its structure. as it has evolved over 
the years. a' caste may consist not only of persons 
professing Hindu religion but also persons professing 
some other religion as well. conversion from Hinduism 
to that other religion may not involve loss of caste. 
because even persons
professihg such other religion 
can be members of the C:aste. This might happen where 
3 (1976) 1 sec 863 
4 ILR 33 Mad 57 
5 ILR 33 Mad 342; Mad l.J. 49 
H 
6 AIR 1952 Mad. 474
K.P. MANU v. CHAIRMAN, SCRUTINY COMM. FOR 
255 
VERIFICATION OF COMMUNITY CERT. [DIPAK MISRA, J.) 
caste is based on economic or occupational A 
characteristics and not on religious identity or the 
cohesion of the caste as a social group is so strong 
that conversion into another religion does not operate 
to snap the bond between the convert and the social 
group. This is indeed not an infrequent phenomenon B 
in South India where. in some of the castes. even after 
conversion to Christianity. a person is regarded as 
continuing to belong to the 1;-aste. When an argument 
was. advanced before the Madras High Court in G. 
Michael case 
C 
"that there were several cases in which a member 
of one of the lower castes who has been converted 
to Christianity has continued not only to consider 
himself as still being a member of the caste, but has D 
also been considered so by other members of the 
caste who had not been converted", 
Rajamannar, C.J., who, it can safely be presumed, was 
familiar with the customs and practices prevalent in E 
South India, accepted the position "that instances can 
be found in which in spite of conversion the caste 
distinctions might continue", though he treated them as 
exceptions to the general rule." 
[Emphasis supplied] 
10. 
Thereafter, the Court referred to number of 
authorities of various High Courts and ruled that it cannot 
F 
be laid down as an absolute rule uniformly applicable in all G 
cases that whenever a member of caste is
converted from 
Hinduism to Christianity, he loses his membership of the 
caste. It is true that ordinarily on conversion to Christianity, 
he would cease to be a member of the caste, but that is 
not an invariable rule, and it would depend on the structure H
256 
SUPREME·COURT REPORTS 
[2015] 3 S.C.R. 
A of the caste and its rules and regulations. The Court 
referred to certain castes, particularly in South India, where 
this consequence could not follow by conversion since such 
castes comprise both Hindus and Christians. Eventually, 
B 
c 
D 
·E 
F 
G 
H 
the Court opined that: 
"There is no reason ·either on principle or on authority 
which should compel us to disregard this view which 
has prevailed for almost a century and lay down a 
different rule on the subject. If a person who has 
embraced ·another religion can be reconverted to 
Hinduism, -there is no rational principle why he should 
not be able ·to come back to his caste, if the other 
members of the caste are prepared to readmit him as 
a member. It stands to reason that he should be able 
to come back to the fold to which he once belonged, 
provided of course the community is willing to take him 
within the fold. It is the orthodox Hindu society still 
dominated to a large extent, particularly in rural areas, 
by medievalistic outlook and status-oriented approach 
which attaches social and economic disabilities to a 
' 
person belonging to a scheduled caste and that is why 
certain favoured treatment is given to him by the 
Constitution. Once such a person ceases to be a Hindu 
and becon:ies a Christian, the social and economic 
. disabilities arising because of Hindu religion cease and 
hence it is no longer necessary to give him protection 
and for this reason
he is deemed not to belong to a 
scheduled caste. But when he is reconverted to 
Hinduism, the social and economic disabilities once 
again revive and become attached to him because 
these are disabilities inflicted by Hinduism. A Mahar or 
a Koli or a Mala would not be recognised as anything 
but a Mahar or a Koli or a Mala after reconversion to 
Hinduism and he would suffer from the same social and
K.P. MANU v. CHAIRMAN, SCRUTINY COMM. FOR 
257 
VERIFICATION OF COMMUNITY CERT. [DIPAK MISRA, J.] 
economic disabilities from which he suffered before he A 
was converted to another religion. It is. therefore. 
obvious that the object and purpose of the Constitution 
(Scheduled Castes) Order. 1950 would be advanced 
rather than retarded by taking the view that on 
reconversion to Hinduism. a person can once again B 
become a member of the scheduled caste to which he 
belonged prior to his conversion." 
(Emphasis added) 
c 
11. The aforesaid pronouncement has to be understood 
from constitutional and social perspective as the Court has 
viewed that there is no rational principle why should a 
person, who has embraced another religion should not be 
able to come back to his caste, and further the object and o 
purpose of.the Constitution (Scheduled Castes) Order, 1950 
would be advanced if, on reconversion, to his original 
religion, he would become a member of his original caste 
and not suffer from the same social and economic 
disabilities. 
E 
12. Before the Constitution Bench, in Y. Mohan Rao 
(supra), the question arose whether a person whose parents 
belong to a scheduled caste before their conversion to 
Christianity can, on conversion or re-conversion to F 
Hinduism, be regarded as a member of the Scheduled 
Caste so as to be eligible for the benefit of reservation of 
seats for scheduled castes in the matter of admission to a 
medical college. The parents of the
respondent therein 
originally professed Hindu religion and belonged to Madiga G 
caste which is admittedly a caste deemed to be a scheduled 
caste in the State of Andhra Pradesh as specified in Part I 
of the schedule to the Constitution (Scheduled Castes) 
Order, 1950. The respondent was born after the conversion, 
that is to say, he was born of Christian parents and he had H
258 
SUPREME COURT REPORTS 
[2015] 3 S.C.R. 
A got himself converted to Hinduism on September 20, 1973 
from Andhra Pradesh Arunchatiya Sangham stating that he 
had renounced Christianity and embraced Hinduism after 
going through Suddhi ceremony and he was thereafter 
received back into Madiga caste of Hindu fold. On the 
B strength of the certificate, he had applied for admission in 
respect of the reserved seat to Guntur Medical College. 
Initially he was provisionally selected for admission, but his 
selection was cancelled as he was not Hindu by birth. On 
a writ petition being filed, the High Court referred to the 
C Constitution (Scheduled Castes) Order, 1950 and opined 
that a candidate, in order to be eligible for a seat reserved 
for scheduled caste, need not belong to a scheduled caste 
by birth and when such a stipulation is made by the 
0 Government Notification, it has travelled beyond the 1950 
order. 
The view expressed by the learned Single Judge 
in the writ petition was accepted by the Division Benc;:h. It 
was contended by the State before the larger Bench that 
when the respondent was converted to Hinduism, he did 
E ' not automatically become a member of the Madiga caste, 
but it was open to the members of the Madiga caste to 
accept him within their fold and it was only if he was so 
accepted, that he could have claimed to have become a 
member of the said caste. The Constitution Bench referred 
F to the three-Judge Bench in C.M. Arumugam (supra) and
G 
H 
posed the issue in the following manner: 
"Now, before we proceed to consider this contention, 
it is necessary to point out that there is no absolute rule 
applicable in all cases that whenever a member of a 
caste is converted from Hinduism to Christianity, he 
loses his membership of the caste. This question has 
been considered by this Court in C. M. Arumugam v. 
S. Rajgopal and it has been pointed out there that 
ordinarily it is true that on conversion to Christianity, a
K.P. MANU v. CHAIRMAN, SCRUTINY COMM. FOR 
259 
VERIFICATION OF COMMUNITY CERT. [DIPAK MISRA, J.) 
person would cease to be a member of the caste to A 
which he belongs, but that is not an invariable rule. It 
would depend o,n the structure of the caste and its rules 
and regulations. There are some castes, particularly 
in South India, where this consequence does not follow 
on conversion, since such castes comprise both Hindus B 
and Christians. Whether Madiga is a caste which falls 
within this category is a debatable question. The 
contention of the respondent in his writ petition was that 
there are both Hindus and Christians in Madiga caste 
and even after conversion to Christianity, his parents C 
continued to belong to Madiga caste and he was, 
therefore, a member of Madiga caste right from the time 
of his birth. It is not necessary for the purpose of the 
present appeal to decide this question. We may 0 
assume that, on conversion to Christianity, the parents 
of the respondent lost their membership of Madiga 
caste and that the respondent was, therefore, not a 
Madiga by birth. The question is: could the respondent 
become a member of Madiga caste on conversion to E 
Hinduism? That is a question on which considerable 
light is thrown by the decision of this Court in C.M. 
Arumugam (supra)." 
Thereafter, the Court accepting the principle stated in F 
C.M. Arumugam (supra) proceeded to opine that the 
reasoning given in the said judgment has to be accepted 
and made
applicable to i:I case where the parents of a 
person are converted from Hinduism to Christianity and he 
is born after their conversion and has subsequently G 
embraced Hinduism. In addition to the conversion, he has 
to be accepted by the members of the caste and is taken 
as a member within 'its fold. In that context, the Court ruled 
thus: 
"The reasoning on which this decision proceeded is H
260 
A 
B 
c 
D 
E 
F 
SUPREME COURT REPORTS 
(2015) 3 S.C.R. 
equally applicable in a case where the parents of. a 
person are converted from Hinduism to Christianity and 
he is born after their conversion and on his 
subsequently embracing Hinduism, the members of the 
caste to which the parents belonged prior to their 
conversion accept him as a member within the fold. It 
is for the members of the caste to decide whether or 
not to admit a person within the caste. Since the caste 
is a social combination of persons governed by its rules 
and regulations. it may. if its rules and regulations so 
provide. admit a new member just as it may expel an 
existing member. The only requirement for admission 
of a person as a member of the caste is the acceptance 
of the person by the other members of the caste. for. 
as pointed out by Kirshnaswami Ayyangar. J., in 
Durgaprasada Rao v. Sudarsanaswam17, "in matters 
affecting the well being or composition of a caste. the 
caste itself is the supreme judge". (emphasis supplied). 
It will, therefore, be seen that on conversion to 
Hinduism, a person born of Christian converts would 
not become a member of the caste to which his parents 
belonged prior to their conversion to Christianity, 
automatically or as a matter of cours13, but he would 
become such member, if the other members of the 
caste accept him as a member and admit him within 
the fold." 
(underlining is ours] 
13. From the. aforesaid paragraph, it is plain as day ttiat
G if the parents of a person are converted from Hinduism to 
Christianity and he is born after the conversion and 
embraces Hinduism and the members of the caste accept 
H 7 AIR 1940 Mad 513: ILR 1940 Mad 653: (1940) 1 MLJ 800
K.P. MANU v. CHAIRMAN, SCRUTINY COMM. FOR 
261 
VERIFICATION OF COMMUNITY CERT. [DIPAK MISRA, J.] 
him, he comes within the fold of the caste. 
A 
14. Mr. Naphade, learned senior counsel for the 
appellant would contend that the reasoning that has been 
made applicable to the parents, there is no reason or 
ju_stification for not applying the said principle to the B 
grandparents. Learned counsel for the State, per contra, 
would contend that the Constitution Bench has not laid 
down any principle as regards the grandparents and the 
same is with the avowed purpose as it cannot cover several 
generations. In this regard, we may profitably refer to a C 
three-Judge Bench decision in Kailash Sankar II. Maya 
Devi'. In the said case, the Court posed the issue thus: 
"The knotty and difficult, puzzling and intricate issue 
with which we are faced is, to put it shortly, "what D 
happens if a member of a scheduled caste or tribe 
leaves his present fold (Hinduism) and embraces 
Christianity or Islam or any other religion" -
does this 
amount to a complete loss of the original caste to which 
he belonged for ever and, if so, if he or his children E 
choose to abjure the new religion and get reconverted 
to the old religion after performing the necessary rites 
and ceremonies, could the original caste revive? The 
serious question posed here arose and has formed the 
subject-matter of a.large catena of decisions starting 
F 
from the year 1861, traversing a period of about a
century and a half, and culminating in a decision of this 
Court in the case of G.M. Arumugam v. S. Rajagopal." 
15. The Court, after referring to several decisions 
including the decision in C.M. Arumugam (supra), has held 
thus: 
a (1984) 2 sec 91 
G 
H
262 
A 
B 
c 
D 
E 
F 
G 
H 
SUPREME COURT REPORTS 
[2015] 3 S.C.R. 
"31. In our opinion, the main test should be a genuine 
intention of.the reconvert to abjure his new religion and 
completely dissociate himself from it. We inust hasten 
to add here that this does not mean that the 
reconversion should be only a ruse or a pretext or a 
cover to gain mundane worldly benefits so that the 
reconversion becomes merely a show for achieving a 
particular purpose whereas the real intention may be 
shrouded in mystery. The reconvert must exhibit a clear 
and genuine intention to go back to his old fold and 
adopt the customs and practices of the said fold without 
any protest from members of his erstwhile caste. In 
order to judge this factor, it is not necessary that there 
should be a direct or conclusive proof of the expression 
of the views of the community of the erstwhile caste 
and it would be s_ufficient compliance of this condition 
if no exception or protest is lodged by the community 
members, in which case the caste would revive on the 
reconversion' of the person to his old religion. 
.· 32. Another aspect which one must not forget is that 
when a child is born neither has he any religion nor is 
he capable-of choosing one until he reaches the age 
of discretion and acquires proper understanding of the 
situation. Hence, the mere fact that the parents of a 
child, who were Christians, would in ordinary course get 
the usual baptism certificate and perform other
ceremonies without the child knowing what is being 
done but after the child has grown up and becomes 
fully mature and able to decide his future, he ought not 
to be bound by what his parents may h_ave done. 
Therefore,' in such cases, it is the intention of the 
convertee which would determine the revival of the 
caste. If by his clear and conclusive conduct the person 
reconverts to his old faith and abjures the new religion
• 
K.P. MANU v. CHAIRMAN, SCRUTINY COMM. FOR 
263 
VERIFICATION OF COMMUNITY CERT. [DIPAK MISRA, J.] 
in unequivocal terms, his caste automatically revives." A 
16. What is important for our purpose is paragraph 34 
of the said decision, which is as follows: 
"In our opinion, when a person is converted to 8 
Christianity or some other religion the original caste 
remains under eclipse and as soon as during his/her 
lifetime the person is reconverted to the original religion 
the eclipse disappears and the caste automatically 
revives. Whether or not the revival of the caste depends c 
on the will and discretion of the members of the 
community of the caste is a question on which we 
refrain from giving any opinion because in the instant 
case there is overwhelming evidence to show that the 
respondent was accepted by the community of her o 
original Katia caste. Even so, if the fact of the 
acceptance by the members of the community is made 
a condition p_recedent to the revival of the caste, it 
would lead to grave consequences and unnecessary 
exploitation, sometimes motivated by political E 
considerations. Of course, if apart from the oral views 
of the community there is any recognised documentary 
proof of a custom or code of conduct or rule of law 
binding on a particular caste, .it may be necessary to 
insist on the consent of the members of the community, 
F 
otherwise in normal circumstances the case would 
revive by applying the principles of doctrine of eclipse.
We might pause here to add a rider to what we have 
said i.e. whether it appears that the person reconverted 
to the old religion had been converted to Christianity G 
since several generations. it may be difficult to apply 
the doctrine of eclipse to the revival of caste. However, 
that question "does not arise here." 
[Emphasis added] H
• 
264 
SUPREME COURT REPORTS 
[2015] 3 S.C.R. 
A 
17. Learned counsel for the State has laid immense 
emphasis on the last part of the aforequoted paragraph 
wherein the Court has observed that in a case where the 
person reconverted to the old religion had been converted 
to Christianity since several generations, it may be difficult 
B to apply the do.ctrine of eclipse to the relevant caste. Mr. 
Naphade, learned senior counsel would contend that the 
three-Judge Bench has not referred to the Constitution 
Bench decision in Y. Mohan Rao (supra) and had that been 
adverted to, in all possibility, the Court could have held if it 
C could travel to the immediate generation, there was no 
warrant or justification not to take in its fold the 
grandparents. His further submission is in the case at hand, 
it is not a case of several generations, but only the 
0 grandparents. 
18.ln this context, a reference may be made to the 
authority in S. Anbalagan v. B. Devarajan and others•. 
In the said case, the Court dwelt upon the legal position in 
regard to the caste, their status on conversion, or 
E reconversion to Hinduism. After referring to various 
authorities, namely, Administrator-General of Madras v. 
Anandachari10 ,· Muthusami Muda/iar v. Masilamani 
(supra), Gurusami Nadarv. lrulappa Konar", Rajagopal 
F v. Armugam12 , Perumal Nadar v. Ponnuswam1, 3 , Vermani 
v. Vermanr•, Durgaprasada Rao (supra) and Chatturbhuj 
9 (1984) 2 sec 112 
G 
10 ILR 9 Mad 342 
11 1934 MLJ 389;
AIR 1934 Mad 630 
12 (1969) 1 SCR 254 
13 (1971) 1 SCR 49 
H. 14AIR 1943 Lah 51.: 205 IC 290
K.P. MANU v. CHAIRMAN, SCRUTINY COMM. FOR 
265 
VERIFICATION OF COMMUNITY CERT. [DIPAK MISRA, J.] 
Vithaldas Jasani v. Moreshwar Parashram' 5, came to A 
hold as follows: 
"These precedents, particularly those from South India, 
clearly establish that no particular ceremony is prescribed 
for reconversion to Hinduism of a person who had earlier B 
embraced another religion. Unle.ss the practice of the caste 
makes it necessary, no expiatory rites n_eed be performed 
and, ordinarily, he· regains his caste unless the community 
does not accept him. In fact, it may not be accurate to say 
that he regains his ·caste: it may be more accurate to say C 
that he never lost his caste in the first instance when he 
embraced another religion. The practice of caste however 
irrational it may appear to our reason and however 
repugnant it may appear to our moral and social sense, is .. 
so deep-rooted in the Indian people that its mark does not D 
seem to disappear on conversion to a different religion . .!f 
it disappears, it disappears only to reappear on 
reconversion. The mark of caste does not seem to really 
disappear even after some generations after conversion. In 
Andhra Pradesh and in Tamil Nadu, there are several E 
thousands of Christian families whose forefathers became 
Christians and w.ho, though they profess the Christian 
religion, nonetheless observe the practice of caste. There 
are Christian Reddies, Christian Kammas, Christian Nadars, 
F 
Christian Adi Andhras,
Christian Adi Dravidas and so on. 
The practice of their caste is so rigorous that there are 
intermarriages with Hindus of the same caste but not with 
Christians of another caste. Now, if such a Christian 
becomes a Hindu, surely he will revert to his original caste, G 
if he had lost it at all. In fact this process goes on 
continuously in India and generation by generation lost 
sheep appear to return to the caste-fold and are once again 
15 1954 SCR 817 
H
266 
SUPREME COURT REPORTS 
[2015] 3 S.C.R. 
A assimilated in that fold. This appears to be particularly so· 
in the case of members of the Scheduled Castes. who 
embrace other religions in their guest for liberation. but 
return to their old religion on finding that their disabilities 
have clung to them with great tenacitv. We do not think that 
B any different principle will apply to the case of conversion 
to Hinduism of a person whose forefathers had abandoned 
Hinduism and embraced another religion from ihe principle 
applicable to the case of recoriversion to Hinduism of a 
person who himself had abandoned Hinduism and 
C embraced another religion." 
[Underlining is ours] 
Thus, in the aforesaid case the Court has ruled that 
o there is no reason that any different principle will apply to 
'a person whose forefathers had abandoned Hinduism. 
E 
F 
G 
19. In Puneet Rai v. Dinesh Chalidhary16 , S.B. Sinha, 
J. in his concurring opinion has observed thus: 
"30. In Caste and the Law in India by Justice S.B. Wad 
at p. 30 under the heading "Sociological Implications'', 
it is stated: 
"Traditionally, a person belongs to a caste in which 
he is born. The caste of the parents determines his 
caste but in case of reconversion a person has the 
liberty to re.nounce his casteless status and voluntarily 
ac;cept his original caste. His caste status at birth is 
not immutable. Change of religion does not 
necessarily mean loss of caste. If the original caste 
does not positively
disapprove, the acceptance of the 
caste can be presumed. Such acceptance can also 
H 
1 s c2003) a sec 204
K.P. MANU v. CHAIRMAN, SCRUTINY COMM. FOR 
267 
VERIFICATION OF COMMUNITY CERT. [DIPAK MISRA, J.] 
be presumed if he is elected by a majority to a A 
reserved seat. Although it appears that some dent is 
made in the classical concept of caste, it may be 
noticed that the principle that caste is created by birth 
is not dethroned. There is also a judicial recognition 
of caste autonomy including the right to outcaste a B 
person." 
31. If he is considered to be a member of the 
Scheduled Caste, he has to be accepted by the 
community." 
C 
20. In State o/ Kera/a & Anr. v. Chandramohanan' 7, 
the appellant had lodged a complaint against the 
respondent alleging that he had taken one eight year old 
girl to the classroom in Pattambi Government U.P. School o 
with an intent to dishonour and outrage her modesty. The 
said complaint was treated as first information report under 
Section 509 of the l.P.C. The Investigating Officer, during 
investigation, came to know that the. father of the victim 
belonged to Mala Aryan community, which is considered to E 
be a Scheduled Tribe in the State of Kerala and lodged 
another FIR charging the respondent under Section 3(1 )(xi) 
of the Scheduled Castes and Scheduled Tribes (Prevention 
of Atrocities) Act, 1989 (for short, 'the 1989 Act') as well as 
under Section 509 of the l.P.C. Being aggrieved by the said 
F 
order, the respondent filed a petition under Section 482 of 
the Code of Criminal Procedure, for quashing of the charges 
framed
under Section 3(1)(xi) of the 1989 Act and the High 
Court took the view that since the victim's parents had 
embraced Christianity, the victim had ceased to be a G 
member of the Scheduled Tribe and accordingly quashed 
th,e charges in respect of the said offences. The three-
11 (2004) 3 sec 429 
H
268 
SUPREME COURT REPORTS 
[2015] 3 S.C.R. 
A Judge Bench referred to Article 342 of the Constitution, the 
object of the said Article which is meant to provide right for 
the purpose of grant of protection to the Scheduled Tribes 
having regard to the economic and educational 
backwardness wherefrom. they suffer, the Constitution 
B ·(Scheduled Tribes) Order, 1950 made in terms of the 
aforesaid provisions, The Customary Laws of Muda and 
Oraon by Dr. Jai Prakash Gupta, Tribal India: A Profile in 
Indian Ethnology by K.L. Bhowmik, the decisions in 
Nityanand Sharma v. State of Bihar18 , Puneet Rai (supra), 
C N.E. Horo v. Jahanara Jaipal Singh19 and thereafter held 
that:-
D 
E 
F 
G 
"Before a person can be brought within the purview of 
the Constitution (Scheduled Tribes) Order, 1950, he 
must belong to a tribe. A person for the purpose of 
obtaining the benefits of the Presidential Order must 
fulfil the condition of being a member of a tribe and 
continue to be a member of the tribe. If by reason of 
conversion to a different religion a long time back, he/ 
his ancestors have not been following the customs, 
rituals and other traits, which are required to be followed 
by the members of the tribe and even had not been 
following the customary laws of succession, inheritance, · 
marriage etc. he may not be accepted to be a member 
of a tribe. In this case, it has been contended that the 
family of the victim had been converted about 200 
· years back and in fact the
father of the victim married 
a woman belonging to a Roman Catholic, wherefrom 
he again became a Roman Catholic. The question, 
therefore, which may have to be gone into is as to 
whether the family continued to be a member of a 
1 a (1996) 3 sec 576 
H , 19 (1972) 1 sec 771
K.P. MANU v. CHAIRMAN; SCRUTINY COMM. FOR 
269 
VERIFICATION OF .COMMUNITY CERT. [DIPAK MISRA, J.) 
Scheduled Tribe or not. Such a question can be gone A 
into only during trial." 
21. After so holding, the Court referred to in extenso 
the decision in C.M: Arumugam (supra) and came to rule 
thus:-
B 
· "18. The aforementioned decision is, thus, also an 
authority for the proposition that upon conversion, a 
person may be governed by a different law than the 
law governing the community to which he originally c 
belonged but that would not mean that notwithstanding 
such conversion, he may not continue to be a member 
of the tribe. 
19. Learned counsel for the appellant has drawn our 0 
attention to the circulars issued by the State of Kerala 
with a view to·show that the members of the tribes are 
being treated in the same capacity despite conversion. 
We are afraid that such circulars being not law within 
the meaning of Article 13 of the Constitution of India, E 
would be of no assistance. 
20. We, therefore, are of the opinion that although as 
a broad proposition of law it cannot be accepted that 
merely by change of religion a person ceases to be a F 
member of the Scheduled Tribe, but the question as 
to whether he ceases to be a member thereof or not 
must be determined by the appropriate court as such 
_ 
a question would depend upon the facts of each case. 
In such a situation, it has to be established that a G 
person who has embraced another religion is still
suffering from social disability and also following the 
customs and traditions of the community, which he 
earlier belonged to. Under such circumstances, we set 
aside the order under appeal and remit the same to the H
270 
SUPREME·COURT REPORTS 
(2015] 3 S.C.R. 
A 
Sessions Court, Palakkad, to proceed in accordance 
with law." 
22. At this juncture, we are disposed to think that 
reference to certain reports and articles would be profitable 
B for the purpose of understanding the ground reality and 
appreciate factual score in proper perspective. In the article, 
namely, "Dalits in India" by James Massey, B.R. Ambedkar, 
as is reflected from the said article, has devoted two long 
essays on the subject under the title "Christianising the 
C Untouchables1' and "The Condition of the Convert". 
Speaking about the general conditions of Christians Dalits, 
Ambedkar had put a direct challenge by saying: 
"It is necessary to bear in mind that Indian Christians 
D 
are drawn chiefly from the Untouchables (Dalits) and, 
to a much less extent from low ranking Shudra castes. 
The social services of Missions must therefore be 
judged in the light of the needs of these classes. What 
are those needs? The services rendered by the 
E 
Missions in the fields of education and medical relief 
are beyond the ken of the Indian Christians. They go 
mostly to benefit the high caste Hindu." 
23. James Massey has analysed the reasons ascribed 
F by Ambedkar by stating:-
G 
H 
"What has Ctiristianity achieved in the way of changing 
the mentality of the convert? Has the Untouchable 
convert risen to status of 'the touchables? Have the 
touchable and untouchable converts discarded caste? 
Have they ceased to
worship their old pagan gods and 
to adhere to their old pagan superstitions? These are 
far-reaching questions. They must be answered and 
Christianity in India must stand or fall by the answers 
it gives to these questions."
K.P. MANU v. CHAIRMAN, SCRUTINY COMM. FOR 
271 
VERIFICATION OF COMMUNITY CERT. [DIPAK MISRA, J.] 
24. James Massey, the learned author has referred to A 
the observations of Karnataka Backward Classes 
Commission, 1952. The relevant part is as follows:-
"A Scheduled Caste (man) might have made some 
progress, or might have embraced Islam or Christianity, 
B 
and thereby the disabilities, under which he suffered 
as a result of untouchability, might have, to some 
extent, disappeared. But the fact remains that such 
castes, tribes and racial groups still continue to suffer 
under other social, educational and economic C 
handicaps and taboos." 
25. Archbishop. George Zur, Apostolic Pro-Nuncio to 
India in his inaugural address to the Catholic Bishops 
Conference of India, (CBCI) in the meeting held in Pune o 
during December 1991, made the following observations: 
"Though Catholics of the lower castes and tribes form 
60 per cent of Church membership they have no place 
in decision-making. Scheduled caste converts are E 
treated as low caste not only by high caste Hindus but 
by high caste Christians too. In rural areas they cannot 
own or rent houses, however, well-placed they may be. 
Separate places are marked out for them in the parish 
churches and burial grounds. Inter-caste marriages are F 
frowned upon. and caste tags are still appended to the 
Christian names of high caste people. Casteism is 
rampant among the clergy and the religious. Though 
Dalit Christians make
65 per cent of the 10 million 
Christians in the South, less than 4 per cent of the G 
parishes are entrusted to Dalit priests. There are no 
Dalits among 13 Catholic bishops of Tamil Nadu or 
among the Vicars-general and rectors of seminaries 
and directors of social assistance centres." 
H
272 
A 
B 
c 
D 
E 
SUPREME COURT REPORTS 
[2015] 3 S.C.R. 
26. Manda!" Commission report of the Backward 
Classes Commission 1980, speaking about the Indian 
Christians in Kerala had expressed thus:-
" .... Christians in Kera la are divided into various 
denominations on the basis of beliefs and rituals and 
into various ethnic groups on the basis of their caste 
background .... even after conversion, the lower caste 
converts were continued to be treated as Harijans by 
all sections of the society including the Syrian 
Christians, even though with conversion the former 
ceased to be Harijans and untouchables ..... In the 
presence of rich Syrian C~ristians, the Harijan 
Christians· had to remove their head-dress while 
speaking with their Syrian Christian masters. They--,--
had to keep their mouth· closed with a hand ........ It 
was found that the Syrian and Pulaya members of the 
same Church conduct religious rituals separately in 
separate buildings ... Thus lower caste converts to a 
very egalitarian religion like Christianity, ever anxious 
to expand its membership, even after generations were 
not able to efface the effect of their caste background." 
27. A Church of South India Commission in 1964 
investigating the grievances of Dalit Christians, whether 
F they split off or remain with the Church of South India, 
wrote:-
"First and foremost is the feeling that they are 
· despised, not taken seriously, overlooked, humiliated 
G 
or simply forgotten. They feel that
again and again 
affairs in the diocese are arranged as if they. did not 
exist. Caste appellations are still occasionally used in 
Church when they have been abandoned even by 
Hindus. Backward class desires and claims seem 
H 
again and again to be put on the waiting list, while
K.P. MANU v. CHAIRMAN, SCRUTINY COMM. FOR 
273 
VERIFICATION OF COMMUNITY CERT. [DIPAK MISRA, J.] 
projects which they feel aim chiefly at the benefit of the A 
Syrian community seem to get preferential 
consideration. In appointments, in distribution of 
charity, in pastoral care and in the attitude shown to 
them, in disputes with the authorities, the treatment 
they receive, when compared with that received by 
B 
their Syrian brothers, suggests a lack of sympathy, 
courtesy and respect." 
28. Chinappa Commission Report (1990) states:-
"By and large, the Christian community in Karnataka 
is an advanced community except for SC and ST 
converts, whose position has not improved very much 
c 
for the better. Thanks to the all pervasive caste 
system which· has penetrated the barriers of religion o 
also, SC and pT converts to Christianity and their 
descendants continue, to a great degree, to be victims 
of the same social injustice to which the SCs and STs 
are subjects". 
E 
29. 
Dr. Y. Antony Raj, the author of "Social Impact of 
Conversion" comments: 
''The mass conversion from Christianity to· Hinduism, 
Islam and Buddhism is often explained as the F 
frustration of the coverts to Christianity. Devadason 
names the reason for such reconversion as 
'disillusionment' among the CSCO. "Till recently" says 
he, "the conversion to Christianity was considered an 
attractive proposition. That trend has slowed down, if G 
not stopped.Th.is was because of the disillusionment
among the Harijan converts, who discovered that they 
had carried with them their caste stigma and that inter-
caste marriage and other contacts continued to be as 
difficult as before." 
H
274 
SUPREME COURT REPORTS 
[2015] 3 S.C.R. 
A 
30. As per the analysis made by John C.B. Webster, 
B 
c 
D 
in the book, "The Dalit Christians: A History'', in Chapter Ill 
titled "The Politics of Numbers", Dr. Ambedkar, being aware 
of the continuing problems of Dalit Christians had ruled out 
conversion to Christianity. To quote the learned author: 
"He was certainly aware of them. In what was probably 
the most perceptive analysis of the Christian 
community from this period, Ambedkar noted that 
caste Hindus were the chief beneficiaries of Christian 
educational and medical work, that caste continued 
within the churches, and that Dalits suffered from the 
same disabilities after as before conversion to 
Christianity. More importantly, Christianity failed the. 
political test. For one thing, while Christianity may 
have inspired Dalit converts to change their social 
attitudes, it had not inspired them to take practical 
steps to redress the wrongs from which they suffered." 
31. In this context, it will be fruitful to make a reference 
E to the authority in State of M.P. and Another v. Ram 
Kishna Balothia and Anothei2°. In the said case, the 
·two-Judge Bench was called upon to deal with the validity 
of the Scheduled Castes and Scheduled Tribes (Prevention 
of Atrocities) Act, 1989, especially Section 18 that stipulates 
F that Section 438 of the CrPC will not apply to the persons 
committing an offence under the said Act. While upholding 
the validity of the
provisions and annulling the judgment of 
the High Court of M.P., the learned Judges have referred 
to the Statement of Objects and Reasons accompanying 
G the Scheduled Castes and Scheduled Tribes Bill, 1989 
when it was introduced in the Parliament. To quote: 
"It sets out the circumstances surrounding the 
H 
20 (1995) 3 sec 221 
.. 
. . 
~·
K.P. MANU v. CHAIRMAN, SCRUTINY COMM. FOR 
275 
VERIFICATION OF COMMUNITY CERT. [DIPAK MISRA, J.] 
enactment of the said Act and points to the evil which A 
the statute sought to remedy. In the Statement of 
Objects and Reasons it is stated: 
"Despite various measures to improve the socio-
economic conditions of the Scheduled Castes and 
B 
the Scheduled Tribes, they remain vulnerable. They 
are denied number of civil rights. They are subjected 
to various offences, indignities, humiliations and 
harassment. They have, in several brutal incidents, 
been deprived of their life and property. Serious C 
crimes are committed against them for various 
historical, social and economic reasons 
2 .... When they assert their rights and resist 
practices of untouch-ability against them or demand o 
statutory minimum wages or refuse to do any 
bonded and forced labour, the vested interests try to 
cow them ·down and terrorise them. When the 
Scheduled Castes and the Scheduled Tribes try to 
preserve their self-respect or honour of their women, 
E 
they become irritants for the dominant and the 
mighty. Occupation and cultivation of even the 
Government allotted land by the Scheduled Castes 
and Scheduled Tribes is resented and more often 
these people become victims of attacks by the F 
vested interests. Of late, there has been an increase 
in the disturbing trend of commission of certain 
atrocities like making the Scheduled Caste persons 
eat inedible substances like human excreta
and 
attacks on and mass killings of helpless Scheduled G 
Castes and Scheduled Tribes and rape of women 
belonging. to the Scheduled Castes and the 
Scheduled Tribes .... A special legislation to check 
and deter crimes against them committed by non-
H
276 
A 
B 
c 
D 
SUPREME COURT REPORTS 
[2015] 3 S.C.R. 
Scheduled Castes and non-Scheduled Tribes has, 
therefore, become necessary." 
The above statement graphically describes the social 
conditions which motivated the said legislation. It is 
pointed out in the above Statement of Objects and 
Reasons that when members of the Scheduled Castes 
and Scheduled Tribes assert their rights and demand 
statutory protection, vested interests try to cow them 
down and terrorise them. In these circumstances, if 
anticipatory bail is not made available to persons who 
commit such offences, such a denial cannot be 
considered as unreasonable or violative of Article 14, 
as these offences form a distinct class by themselves 
and cannot be compared with other offences." 
32. We have referred to the aforesaid materials and 
the observations singularly for the purpose that there has 
been detailed study to indicate the Scheduled Castes 
persons belonging to Hindu religion, who had embraced 
E Christianity with some kind of hope or aspiration, have 
remained soci~lly, educationally and economically 
backward. The Constitution Bench in Y. Mohan Rao 
(supra) has clearly laid down that if a person born to 
Christian parents, who, belonging to Scheduled Caste had 
F , convertea themselves to Christianity, the said person on 
reconversion to his religion and on acceptance by his 
community with a further rider that he would practise the 
customs and traditions of the caste, would be treated as
a member of the said Scheduled Caste and if the said 
G caste, is one of the castes falling within the Constitution 
(Scheduled Castes) Order, 1950, then he will be treated as 
a Scheduled Caste. 
33. As we. understand the authority it does not lay 
H down that it only would apply to the parents and exclude
K.P. MAN!J v. CHAIRMAN, SCRUTINY COMM. FOR 
277 
VERIFICATION OF COMMUNITY CERT. [DIPAK MISRA, J.] 
the grandparents. At this stage, two decisions are required A 
to be properly understood. In Kai/ash Sankar (supra), the 
three-Judge Bench while applying the doctrine of eclipse 
to the original caste and the principle of revival applying the 
said doctrine, has observed whether to a situation where 
the person reconverted to the old religion had been B 
converted to Christianity since several generations, it may 
be difficult to apply the doctrine of eclipse to the revival of 
caste. The Court, by way of abundant caution, has also 
proceeded to state that the question did not arise there. 
That apart, it has not expressed any opinion. Therefore, it C 
cannot be treated as a precedent for the purpose that it 
would only encompass the previous generation. In S. 
Anbalagan (supra) which we have referred to in extenso 
earlier, has laid down that if the caste disappears, it 0 
disappears only to reappear on reconversion and the mark 
of caste does not seem to really disappear even after 
some generations after conversion. As has been held 
therein, the process i;;.oes on continuously in India and 
generation by generation last sheep to return to their caste E 
fold are once again assimilated to that fold. The three-
Judge Bench has commented that the members of the 
scheduled castes who had embraced another religion in 
their quest for liberation, but return to their old
religion on 
finding that their disabilities have clung to them with great F 
tenacity; and thereafter stated that it does not think that 
any different principle would apply to the case of 
conversion to Hinduism of a person whose forefathers had 
abandoned Hinduism and embraced another religion from 
the principle applicable to the case of reconversion to G 
Hinduism of a person who himself had abandoned 
Hinduism and embraced another religion. This view, in our 
considered opinion, is in consonance with the Constitution 
Bench in Y. Mohan Rao (supra) and does not run counter 
to it. One may raise a question how does one find out H
278 
SUPREME COURT REPORTS 
[2015) 3 S.C.R. 
A about the forefathers. There can be a false claim but that 
would be the subject matter of inquiry. Therefore, the 
principle of "definitive traceability" may be applied during 
the inquiry and the onus shall be on the person who claims 
the benefit after reconversion. To elaborate, he has to 
B establish beyond a shadow of doubt that his forefathers 
belonged to the scheduled caste that comes within the 
Constitution (Scheduled Castes) Order, 1950 and he has 
been reconverted and his community has accepted him 
and taken him within its fold. 
c 
34. In our considered opinion, three things that need 
, to be established by a person who claims to be a 
beneficiary of the caste certificate are (i) there must be 
absolutely clear cut proof that he belongs to the caste that 
D has been recognised by the Constitution (Scheduled 
Castes) Order, 1950; (ii) there has been reconversion to 
the original religion to which the parents and earlier 
generations had belonged; and (iii) there has to be 
evidence establishing the acceptance by the community. 
E Each aspect according to us is very significant, and if one 
is not substanti~ted, the recognition would not be possible. 
35. In the case at hand, as far as the first aspect is 
concerned, as we have stated hereinbefore, there is no 
F dispute. If a person who is born to Christian parents who 
had converted to Christianity from the Scheduled Caste 
. Hindu can avail the benefit of the
caste certificate after his 
embracing Hinduism subject to other qualifications, there 
cannot be any soundness of logic that he cannot avail the 
G similar benefit because his grandparents were converted 
and he was born to the parents who were Christians. They 
must have belonged to that caste and after conversion the 
community has accepted. Our view is fortified by the 
H authority in S. Anbalagan (supra). Thus, the reasoning as
K.P. MANU v. CHAIRMAN, SCRUTINY COMM. FOR 
279 
VERIFICATION OF COMMUNITY CERT. [DIPAK MISRA, J.] 
ascribed by the Scrutiny Committee as well as by the High A 
Court on this score is unacceptable. 
36. As far as the community acceptance is concerned, 
Mr. Naphade has drawn our attention to the enquiry report 
submitted by the expert agency, conclusion of which reads B 
thus: 
"CONCLUSION 
Thus, the anthropological study has revealed that the c 
claimant K.P. Manu's case father K.P. Paulose and his 
mother Kunjamma belong to Christian Community of 
Pulayan origin. The investigation has revealed they still 
profess Christianity. 
In the Government Circular No. 18421/E2/87 SCSTDD D 
dated 15.12. 1987 it has been made clear that the 
religious status of parents will not affect the caste status 
• 
of nee-converts provided they become major and copy 
of the said GO is marked here as Document-7. So the E 
claimant after becoming major embraced Hinduism and 
revived his caste. The caste organisation to which he 
belongs has also accepted his conversion. It has been 
found that he -has a registered marriage with Sylamma 
belonging to Christian community of Pulayan origin. 
The claimant and his children do not follow Christian 
F 
religion." 
37. The community certificate which was produCE;ld by 
the appellant is as follows: 
G 
"AKHILA BHARTA AYYAPPA SEVA SANAGHOM 
HEAD OFFICE - KOTTAYAM 
At the request of Mr. K.P. JOHN and his family 
residing in Kanayannur Taluk, Mulamthuruthy
Village, 
H

280 
SUPREME COURT REPORTS 
[2015] 3 S.C.R. 
A 
Ward-VI, Kaniyamol House, the persons listed below 
is converting today on behalf of Ayyappa Seva 
Sangham from Christian Pulayan community to Hindu 
Pulayan community, after performing Sudhi Karma 
B 
c 
D 
E 
according to the Hindu rites and customs. 
The new names adopted are mentioned 
against the old names of the persons listed below: 
Kottayam - 5/2/1984 
General Secretary 
No. 
Old Name 
New Name 
Date of Birth 
Age 
1. 
2. 
K.P. John 
K.P. Thomas 
31.1.1960 
K.P. Manu 
K.P. Babu 
20.4.1968 
For Akhila Bharata Ayyappa Seva Sangham 
Sd/-
General Secretary" 
23 
15 
38. Be it stated here that the said "Sangham" has been 
recognised as one of the agencies by the Government of 
Kerala as a competent organisation to issue the community 
F certificate. There is no doubt that the appellant had 
converted himself and thereafter was accepted by the 
community. He has been taken withi~ its fold. 
39. At this juncture, certain findings recorded by the 
G Scrutiny Committee require to be reproduced: 
H 
"The Committee examined the aspect whether the 
aforementioned decisions can have any application to 
the claimant's conversion to Hinduism in 1984. The 
Committee noted that neither the claimant nor his
K.P. MANU v. CHAIRMAN, SCRUTINY COMM. FOR 
281 
VERIFICATION OF COMMUNITY CERT. [DIPAK MISRA, J.] 
parents was born as Hindu and later converted to A 
Christianity from Hinduism. In fact they are born as 
Christians. Hence there is no element of re-conversion 
in the claimant's case. Hence the question of reviving 
caste status as Pulayan (SC) on the ground that some 
of his ancestors were having Pulayan (SC) status does B 
not arise. The claimant traces SC (Pulayan) status 
from generations back despite the fact that his 
ancestors in the descending generation, consistently 
opted to renounce Pulayan caste status and Hindu 
religious status by converting to Christianity. Ordinarily C 
one gets his/her caste on the basis of his/her parents. 
In other words, one shall be, on birth deemed to be 
belonging to the caste of his/her parents. In the facts. 
and circumstances of the claimant's case, the claimant 0 
and his parents were devoid of any caste identity right 
from their birth. It is significant to note that ten years 
after his conversion to Hinduism, the claimant has 
contracted marriage with a Christian lady, as per 
Special Marriage Act. Hence, the Committee found that E 
the claimant's case does not come under the ambit of 
aforementioned verdicts." 
The said report has been given the stamp of approval 
by the High Court. In the impugned order, the Division F 
Bench, after referring to the report, has held thus: 
"The paternal· as well as maternal grand father of the
appellant belonged to Christian community and 
professed Christian faith. Patents of the appellant were 
born as Christians and they continued to profess G 
Christianity. The appellant also was born as a Christian. 
Annexure-1 Certificate shows that in the SSLC book he 
is shown as a person belonging to Christian religion. As 
rightly found by the respondent there is no caste by name H
282 
A 
8 
c 
D 
SUPREME COURT REPORTS 
(2015) 3 S.C.R. 
'Pulaya convert'. Neither the state government nor the 
revenue officials have the power to effect any alteration 
in the caste name contrary to the Presidential Order 
issued under the authority of the Constitution of India. 
Appellant cannot claim the caste status of Pulayan 
merely on the ground that he embraced Hinduism at 
the age of 24. His claim that he should be treated as 
one belonging to scheduled caste community has been 
rightly rejected by the respondent after considering all 
relevant facts and the law on the subject. Neither the 
appellant nor his parents had enjoyed the caste status 
of Pulayan. Hence by embracing Hinduism at the age 
of 24, the appellant who was born to Christian parents 
and professed Christian faith is not entitled to claim that 
he is Hindu-Pulaya." 
40. The aforesaid reasoning is contrary to the decisions 
of this Court and also to what we have stated hereinbefore. 
As far as marriage is concerned, in our considered opinion, 
· that should not have been considered as the central and 
E seminal facet to deny the benefit. When the community has 
accepted and the community, despite the marriage, has not 
ex-communicated or expelled, the same would not be a 
disqualification. 
F 
41. The committee, as we find, has placed reliance on 
S. Swvigaradoss v. Zonal Manager, F.C.1.2' The said 
d~cision requires to be adverted to. In the said case, the 
parents of the petitioner, initially
belonged to Adi Dravid by 
caste, hailing from Kattalai village in Tirunelveli District, Tamil 
G Nadu and they ~ad, before his birth, converted into Christian 
religion. The petitioner had filed a suit contending, inter alia, 
that after he had become a major, he has continued as Adi 
H 21 (1996) 3 sec 100
K.P. MANU v. CHAIRMAN, SCRUTINY COMM. FOR 
283 
VERIFICATION OF COMMUNITY CERT. [DIPAK MISRA, J.] 
Dravid. The suit was decreed but eventually, it was reversed A 
in second appeal. The Court referred to Article 341(1) of the 
Constitution, decisions in B. Basavalingappa v. D. 
Munichinnappa22, Bhaiyalal v. Harikishan Singh23 , Srish 
Kumar Choudury v. State of Tripura24 , Kumari Madhuri 
Patel v. Addi. Commissioner, Tribal Development25 and B 
opined thus: 
"The Courts, therefore, have no power except to give effect 
to the notification issued by the President. It is settled law 
that the Court would look into the public notification under 
Article 341(1) or Article 342(1) for a limited purpose. The C 
notification issued by the President and the Act of Parliament 
under Scheduled Castes and Scheduled Tribes Order 
(Amendment) Act, 1976 and the Schedules appended 
thereto can be looked into for the purpose to find whether 
the castes, races ·or tribes are (sic or) parts of or groups D 
within castes, races or tribes shall be Scheduled Castes for 
the purposes of the Constitution. UndertheAmendmentAct, 
1976, again Parliament has included or excluded from 
schedules appended to the Constitution which are now 
conclusive. Schedule I relates to Scheduled Castes and E 
Schedule II relates to Scheduled Tribes. Christian is not a 
Scheduled Caste under the notification issued by the 
President. In view of the admitted position thatthe petitioner 
was born of Christian parents and
his parents also were 
converted prior to his birth and no longer remained to be F 
Adi-Dravida. a Scheduled Caste forthe pumose ofTirunelveli 
District in Tamil Nadu as notified by the President. petitioner 
cannot claini to be a Scheduled Caste. In the light of the 
constitutional scheme civil court has no jurisdiction under 
22 AIR 1965 SC 1269 
23 AIR 1965 SC 1557 
24 (1990) Supp sec 220 
25 (1994) 6 sec 241 
G 
H
284 
SUPREME COURT REPORTS 
[2015] 3 S.C.R. 
A Section 9 of CPC to entertain the suit. The suit, therefore, is 
not maintainable. The High Court, therefore, was right in 
dismissing the suit as not maintainable and also not giving 
any declaration sought for." 
B 
[Emphasis added] 
42. The two principles that have been stated in the 
aforesaid paragraph are (i) that a court can look into the 
Notification by the President and the act of the Parliament 
under the Scheduled Castes and Scheduled Tribes Order 
C (Amendment) Act, 1976 and the schedule appended thereto 
for the limited purpose to find whether the castes, races or 
tribes are parts or groups within the caste, races or tribes, 
especially scheduled castes for the purpose of Constitution, 
and it is because what has been included or excluded therein 
D are conclusive; and (ii) that a person born to Christian 
parents, who initially belonged to the Scheduled Caste, even 
after his reconversion cannot claim to be a Scheduled Caste. 
As far as first proposition of law is concerned, there can be 
no cavil over the same and we respectfully concur. 
E 
43. As far as the second principle is concerned, it is 
essential to note that the authorities of larger Bench in Y. 
Mohan Rao (supra), Kail~sh Sankar (supra) and S. 
Anbalagan (supra) were ·not brought to the notice of the 
Court. lrrefragably, the second principle runs contrary to 
F the proposition laid down in the Constitution Bench in Y. 
Mohan Rao (supra) and the
decisions rendered by the three-
Judge Bench. When a binding precedent is not taken note 
of and the judgment is rendered in ignorance or forgetfulness 
of the binding authority, the concept of per incuria comes 
G into play. 
In A.R. Antulay v. R.S. Nayak26 , Sabyasachi 
Mukherji, J. (as His Lordship then was) observed that: 
"42 ..... 'Per incuriam' are those decisions given in ignorance 
H 
26 (1988) 2 sec 502
K.P. MANU v. CHAIRMAN, SCRUTINY COMM. FOR 
285 
VERIFICATION OF COMMUNITY CERT. [DIPAK MISRA, J.] 
or forgetfulness of some inconsistent statutory provision or A 
of some authority binding on the court concerned, so that in 
such cases some part of the decision or some step in the 
reasoning on which it is based, is found, on that account to 
be demonstrably wrong." 
At a subsequent stage of the said authority, it has been 
B 
held that: 
"47. . ... It is a settled rule that if a ~ecision has been given 
per incuriam the court can ignore it." 
44. In Union of India and Others v. R.P. Singh27, the C 
Court observed thus: 
"In Siddharam Satlingappa Mhetre v. State of Maharashtra28, 
while dealing with the issue of "per incuriam", a two-Judge 
Bench, after referring to the dictum in Young v .. Bristol o 
Aeroplane Co. Ltc/29• and certain passages from Ha/sbury's 
Laws of England and Union of India v. Raghubir Singh30, 
had ruled thus: 
"The analysis of English and Indian Law clearly leads to the 
irresistible conclusion that not only the judgment of a larger E 
strength is binding o"n a judgment of smaller strength but the 
judgment of a coequal strength is also binding on a Bench 
of Judges of coequal strength. In the instant case, judgments 
mentioned in paras 124 and 125 are by two or three Judges 
of this Court. These judgments have clearly ignored a F 
Constitution Bench judgment of this Court in Sibbia case31 
which has comprehensively dealt with all the facets of
anticipatory bail enumerated under Section 438 CrPC. 
27 (2014) 7 sec 340 
28 (2011) 1 sec 694 
29 1944 KB 718 
30 (1989) 2 sec 754 
31 (1980) 2 sec 565 
G 
H
286 
SUPREME COURT REPORTS 
(2015] 3 S.C.R. 
A Consequently, the judgments mentioned in paras 124 and 
125 of this judgment are per incuriam." 
Tested on the aforesaid principles, it can safely be 
concluded that the judgment in S. Swvigaradoss (supra), 
8 
as far as the second principle is concerned, is per incuriam. 
45. In the ihstant case, the appellant got married to a 
Christian lady and that has been held against him. It has 
also been opined that he could not produce any evidence to 
show that he has been accepted by the community for 
c leading the life of a Hindu. As far as the marriage and leading 
of Hindu life are concerned, we are of the convinced opinion 
·that, in the instant case, it really cannot be allowed to make 
any difference. The community which is a recognised 
organisation by the State Government, has granted the 
0 
certificate in categorical terms in favour of the appellant. It 
is the community which has the final say as far as acceptance 
is concerned, for it accepts the person, on reconversion, 
and takes him within its fold. Therefore, we are inclined to 
hold that the appellant after reconversion had come within 
the fold of the community and thereby became a member of 
E the scheduled caste. Had the community expelled him the 
matter would have been different. The acceptance is in 
continuum. Ergo, the reasonings ascribed by the Scrutiny 
Committee which have been concurred with by the High 
Court are wholly unsustainable. 
F 
46.
Consequently, the appeal is allowed and the 
judgment and order of the High Court, findings of the Scrutiny 
Committee and the orders passed by the State Government 
and the second respondent are set aside. The appellant 
G shall be reinstated in service forthwith with all the benefits 
relating to seniority and his caste, and shall also be paid 
backwages upto 75% within eight weeks from today. There 
shall be no order as to costs. 
Nidhi Jain 
Appeal allowed 
H

P.S.C. 4 Ill 2015 (1) 
. 
500 
Annual Subscription for 2015 
(For 12 Volumes, each Volume consisting of 
4 Parts and an Index) 
In Indian Rupees 
4,920/-
ln UK£ 
130 
In US$ 
200 
Each Additional Volume : 
In Indian Rupees : 
410/-
ln UK£ 
11 
In US$ 
: 
17 
(Individual Volumes or Parts not available for Sale) 
To Subscribe please Contact : 
Assistant Controller of Publications (Periodicals) 
Department of Publication, Govt. of India, 
Clv.11 Lines, Delhi-110054 
Tel.: 011-23817823, 23813761-62, 64, 65 Fax : 91-011-23817846 
Regd. No. 0-(D) 155. 
ISSN 0537-0590 
ALL RIGHTS RESERVED 
Printed by : Kalra Printers, 
183/1, Jammu Mohalla, Maujpur, Delhi-110053

'The 
Supreme 
Court 
Reports 
(H'EEKL}) 
Official Journal 
of Reportable Supre111e Court J)ecision~ 
Sujitendra Nath Singh Roy v. State of West Bengal & Ors. . .. 534 
PUBLISHED UNDER THE AUTHORITY OF THE SUPREME COURT OF INDIA 
BY THE CONTROLLER OF PUBLICATIONS, GOVT. OF INDIA, DELHI