BINDU R. v. THE SECRETARY, SCHEDULED CASTE/SCHEDULED TRIBES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, AND OTHERS

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 3[RD] DAY OF JULY 2023 / 12TH ASHADHA, 1945** ## **WP(C) NO. 4997 OF 2018** ## **PETITIONER:** BINDU R.,AGED 41, D/O. RAJAN, SIVA SAKTHI, KAITTIPARAMBA, NURANI, PALAKKAD DISTRICT, PIN - 678 004, L.D. TYPIST, OFFICE OF THE DRUGS CONTROLLER, RED CROSS ROAD, VANCHIYOOR P.O., THIRUVANANTHAPURAM - 35, MOBILE - 8281121183. BY ADV SRI.R.S.SARAT ## **RESPONDENTS:** 1 THE SECRETARY,SCHEDULED CASTE/SCHEDULED TRIBES DEPARTMENT, GOVERNMENT SECRETARIAT, STATUE, THIRUVANANTHAPURAM - 695 001. 2 THE CHAIRMAN,SCRUTINY COMMITTEE FOR VERIFICATION OF COMMUNITY CERTIFICATES, SCHEDULED CASTE/SCHEDULED TRIBE DEPARTMENT, THIRUVANANTHAPURAM - 695 001. 3 THE DRUGS CONTROLLER OFFICE OF THE DRUGS CONTROLLER, RED CROSS ROAD, THIRUVANANTHAPURAM - 695 035. 4 PUBLIC SERVICE COMMISSION,REPRESENTED BY ITS SECRETARY, OFFICE OF THE PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM - 695 004. 5 TAHSILDAR,THALUK OFFICE, CIVIL STATION, PALAKKAD - 678 001. 6 THE DIRECTOR,KIRTADAS, CHEVAYOOR, KOZHIKODE - 685 017. ## **OTHER PRESENT:** SPL.GP - LATHA THANKAPPAN THIS WRIT PETITION (CIVIL) HAVING COME BEEN FINALLY HEARD ON 03.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **VIJU ABRAHAM, J.** **--------------------WP(C) No.4997 of 2018** **--------------------------Dated this the 3[rd] day of July, 2023** ## **JUDGMENT** The above writ petition is filed to quash Exts.P15, P18, P19, P21 and P22 orders and for a declaration that the petitioner belongs to Scheduled Caste (Hindu-Vannan) and entitled to the benefits following therefrom. 2. Petitioner is presently working as an L.D.Typist under the 3[rd] respondent, having been appointed pursuant to Ext.P2 appointment order. Petitioner submits that she belongs to Hindu – Vannan Community, which is recognised as a Scheduled Caste Community in Kerala and it is claiming the benefit granted to Scheduled Caste persons in the matter of public employment that the petitioner was appointed as L.D.Typist under the 3[rd] respondent. Ext.P12 is the Caste Certificate issued by the Tahsildar, Palakkad certifying the caste status of the petitioner as Hindu-Vannan, Scheduled Caste. Petitioner was also issued with ## **WP(C) No.4997 of 2018 3** Ext.P13 community certificate showing her community as Hindu-Vannan Scheduled Caste. Having come out successful in recruitment process by inclusion in Ext.P1 Rank list and the subsequent order of appointment issued vide Ext.P2, petitioner was called upon to produce document to certify her community as Hindu-Vannan-SC and thereupon the petitioner had applied for the same before the Tahsildar, Palakkad, the 5[th] respondent herein. To the said application for issuance of a community certificate, an enquiry was conducted by the Village Officer, Palakkad and a report was submitted to the Tahsildar, Palakkad stating that a community certificate, certifying the caste of the petitioner as Hindu-Vannan-SC could be issued. However, the Tahsildar refused to issue community certificate, calling forth as per Ext.P15, further enquiry by KIRTADS. Being aggrieved by the refusal of community certificate by the 5[th] respondent petitioner approached the Kerala Administrative Tribunal by filing O.A.(EKM)775/2016 seeking a direction to permit the petitioner to join service ## **WP(C) No.4997 of 2018 4** pursuant to Ext.P2 order of appointment. The Tribunal as per Ext.P16 order dated 14.6.2016, permitted the petitioner to join service pending enquiry by KIRTADS and on the strength of Ext.P16, the petitioner joined service in the cadre of Lower Division Typist in the Drugs Control Department and the petitioner's service was regularized as per Ext.P17 order dated 10.5.2017. In the meanwhile, an enquiry was conducted by KIRTADS and Ext.P18 report was submitted by the Vigilance Officer, KIRTADS to the 1[st] and 2[nd] respondents. As per Ext.P18, the KIRTADS entered into a finding that the petitioner is not eligible to be considered as a member of Hindu Scheduled Caste of Vannan Community in Kerala. The reason stated in Ext.P18 report is that though the petitioner's mother belongs to Scheduled Caste Vannan Community, she cannot claim the status of the same as she has enjoyed the patronage of her father, who belongs to Reddy Community, which is an OBC Community in Kerala and the affluent family situation under which the petitioner was brought up does not ## **WP(C) No.4997 of 2018 5** entitled her of any social and economic deprivation and hence she is not entitled to the status of SC/ST Community Reservation. Pursuant to Ext.P18 report, Ext.P19 show cause notice was issued to the petitioner. The petitioner has submitted a detailed reply to Ext.P19 show cause notice mainly contending that the community of her father is Hindu Reddy (Aadhi Andhra) and her mother's community is Hindu-Vannan Scheduled Caste, whose avocation by caste and profession is Dhobi. Petitioner also submitted that the job of the petitioner's father was as a Peon in the Revenue Department and her mother was engaged in the job of washing clothes. The income earned by the father was not sufficient to even meet the basic necessities of 5 members family. Petitioner further submitted that the financial condition under which she was brought up was very precarious especially in view of the caste background they are involved. Petitioner further submits that her father passed away while she was a minor and further that the KIRTADS in Ext.P18 report does not rebut the fact **WP(C) No.4997 of 2018 6** that the petitioner's mother belongs to Vannan SC community. Petitioner has a specific contention that none of her relatives or any other responsible members of the locality or community were contacted to vouch the information that has been relied upon in Ext.P18. Lot of mistakes have crept in the report which itself throw suspicion on the veracity of the said report which was made without proper appreciation of the facts involved. Subsequent to filing of Ext.P20 reply, petitioner was called for a hearing. The 2[nd] respondent as per Ext.P21 order rejected the claim of the petitioner seeking Scheduled Caste (Vannan) community status and her Scheduled Caste Community Certificate was cancelled as per Ext.P22 order dated 30.1.2018. The petitioner after the issuance of Ext.P22 order, submitted Ext.P28 request before the Scrutiny Committee requesting to reconsider the case as the decision contained in Ext.P22 has been taken without adverting to the relevant facts and circumstances. The contention of the petitioner is that the KIRTADS while issuing Ext.P16 report and ## **WP(C) No.4997 of 2018 7** while issuance of Ext.P20 consequential order by the Scrutiny Committee on the basis of the report of KIRTADS, did not consider the crucial aspects while entering a finding that the petitioner is not entitled for the caste status of SC- Vannan Community. Petitioner submits that the marriage between her parents had taken place during 1969 and they had to face a lot of stigma and social ostracism arising out of caste differentiation. Petitioner's father being the sole bread winner of the family was employed as a Peon-cum-Watchman in the Government Service. As it was not possible for him to reside at the paternal home in Palakkad, he has shifted with his family to another place by name Nurani in the same District. As it was not possible for the family to meet the basic necessities of life with the meagre salary the petitioner's father's was earning, petitioner's mother also took up the job of Dhobi, her ancestral profession, to make both ends meet. While so in 1993, when the petitioner was a minor, her father passed away due to Cancer, as is evident from ## **WP(C) No.4997 of 2018 8** Ext.P9 Death Certificate issued by the local authority. After the demise of her father, who is the sole breadwinner of the family, it is dependent on the family pension received by the mother that the family was moving forward. Ext.P1 copy of Ration Card would show that the family pension was only Rs.600/-. The status of the petitioner as a (Hindu -Vannan) Scheduled Caste Community and the occupation of her father as Peon is discernible from Ext.P11 SSLC Book of the petitioner. The enquiry conducted by the KIRTADS is not proper and the enquiry officer has not conducted any field examination to ascertain the caste status of the petitioner by making enquiry with any person belonging to either caste of the father or mother of the petitioner or examining the local residence of the area whether the petitioner had been residing for last more than many decades. Enquiry certificate attached along with Ext.P8 enquiry report would show that no officials or individuals had been contacted to verify the veracity of the claim made by the petitioner. The documents 1 to 9 ## **WP(C) No.4997 of 2018 9** except document No.4 relied on by the enquiry officer only vouches the fact that the petitioner belongs to Scheduled Caste Community. 3. Based on Ext.P20 reply petitioner has a specific contention that her father belongs to Hindu-Reddy(Aadhi Andhra) Community and the mother belongs to Hindu-Vannan Scheduled Caste Community. Petitioner further contended that her grandmother was alive at the time of enquiry and she has not been questioned and none of her relatives were questioned at any point of time. Petitioner further submits that there are patent illegalities and irregularities in the enquiry report in as much as the date of birth of the petitioner and the details of her school education were wrongly shown therein. 4. A counter affidavit has been filed by respondents 1 to 3, 5 and 6. In the said counter affidavit the stand taken by the respondents is that if the authority to issue caste certificate ie., the Tahsildar, had some doubt regarding the caste status of an individual, he will refer the matter to the KIRTADS, which is an expert agency to ## **WP(C) No.4997 of 2018 10** enquire about the caste status of a person as per the Kerala (Scheduled Caste and Scheduled Tribes) Regulations of Issue of Community Certificates Act, 1996. In the school records, entry level, caste status have been declared as Hindu Reddiar, whereas at the school admission time of the petitioner and her brother, the caste status has been declared wrongly as Scheduled Caste Reddy Adi Andhra (Vannan). When the claimant and her siblings have entered High School, their caste status was declared as Hindu Vannan. The change was made intentionally only to enjoy the constitutional benefit reserved for the Scheduled caste communities of the State. This is a case where the father and mother of the petitioner are belonging to different communities namely Hindu- Reddy and Hindu-Vannan and the petitioner is an offspring of an inter-caste married couple. It is revealed in the local enquiry conducted by the KIRTADS that the petitioner was born in Palakkad at her paternal residence. She has been nurtured at her paternal house and the primary education, socialisation are ## **WP(C) No.4997 of 2018 11** all obtained from her father's socio-economic background and culture. It is also found that the claimant in this case has not suffered any disability socially, economically and educationally, as her parents are engaged in Government sector and running a private enterprise. It is also contended that the enquiry report submitted by the KIRTADS is a scientific and reliable document. It is after conducting field examination, contacting local resident of the area of the residence of the petitioner and after making all possible and necessary enquiry and complying with all legal formalities that the KIRTADS arrives at a decision on the caste status of the petitioner. It is after a careful examination of the same, the KIRTADS has submitted the report and it is on the basis of the said report that Ext.P20 order was issued. 5. I have considered the rival contentions of both sides. 6. Admittedly, petitioner's mother belongs to Hindu-Vannan community which is recognised as a ## **WP(C) No.4997 of 2018 12** Scheduled Caste Community in Kerala. Going by the dictum laid down in _**Indira vs. State of Kerala (2005 (4) KLT 119 (FB)**_ , even if one of the parent belongs to Scheduled Caste Community, the children are entitled for reservation, but the crucial aspect for determination is as to whether the children were subjected to the same social disabilities and has also followed the same customs and traditions and that the community has accepted that person to its fold. The case of the petitioner is that Ext.P18 report was prepared without taking into consideration the relevant aspects even though a stand was taken in the counter affidavit that the said report has been prepared after conducting field examination, contacting the local residents of the area of residence of the petitioner and after making all possible and necessary enquiry. The petitioner has a specific case that her father died at a time when she was a minor and thereafter the affairs of the petitioner has been looked after by her mother who admittedly belong to a Scheduled Caste Community. The report enters a finding that ## **WP(C) No.4997 of 2018 13** the petitioner has not suffered any disability socially, economically and educationally as her parents are employed in Government Sector and running a private enterprise is also without any basis. It is contended that the petitioner's father was working as a Government employee as a watcher and the mother was working as a dhobi to look after the affairs of the petitioner and other siblings. The basis on which the enquiry officer has come to a conclusion in Ext.P18 that the petitioner's mother is running a private enterprise is not discernible from the report. The fact that the petitioner's father passed away at the time when the petitioner was a minor and thereafter the petitioner was brought up by her mother was also not properly taken into consideration while submitting Ext.P18 report. All these details were enumerated in Ext.P20 reply submitted by the petitioner before the Scrutiny Committee, but none of these contentions were properly considered while issuing Ext.P21 order also. Even though the report and counter affidavit says that a local enquiry was ## **WP(C) No.4997 of 2018 14** conducted and local residents were contacted, the enquiry certificate does not show that any Individual/Government officials were contacted to verify the caste claim. Therefore, the nature of the local enquiry without even contacting any person in the locality itself will reveal the casual way in which the enquiry was conducted by KIRTADS. 7. In this writ petition, the petitioner has taken an alternative plea that the petitioner's father belongs to Konda Reddy Community which is recognised as a Scheduled Caste Community in Kerala and that the mother belongs to Vannan Scheduled Caste Community. To substantiate the same, the petitioner has produced Ext.P3, the Transfer Certificate issued to her father late Sri. Rajan, from the Basil E Mission High School, Palakkad. A perusal of Ext.P3 would reveal that the petitioner's father's caste is shown as Konda Reddy. But the authorities have proceeded on the assumption that the petitioner's father belongs to Reddy Community. It is seen that such a contention ## **WP(C) No.4997 of 2018 15** is not taken by the petitioner before the KIRTADS or before the Scrutiny Committee. The petitioner also relies on Ext.P6, which is a request made by the petitioner's father for a transfer to Malabar area from Alappuzha to show that the petitioner's father belongs to the Malabar area and he is a person belonging to the Konda Reddy Community from Malabar area. In view of the above, I am of the opinion that the matter requires reconsideration at the hands of the respondents 2 and 6. Therefore, Exts. P18, P19, P21 and P22 orders are set aside with a direction to the 6[th] respondent to reconsider the claim of the petitioner, based on the observation made by this Court in this judgment and after conducting a fresh enquiry by the 6[th] respondent. The 6[th] respondent while conducting the fresh enquiry as directed above shall also consider the alternate plea made by the petitioner on basis of Exts.P3 and P6 documents produced in this writ petition. Petitioner will be free to produce before the 6[th] respondent any other supporting documents **WP(C) No.4997 of 2018 16** to substantiate her claim. The 2[nd] respondent shall further proceeding in accordance with law, after receipt of a fresh enquiry report by the 6[th] respondent. With the above said direction, the above writ petition is disposed of. sd/- **JUDGE** **VIJU ABRAHAM,** pm **WP(C) No.4997 of 2018 17** ## **APPENDIX OF WP(C) 4997/2018** PETITIONER'S EXHIBITS |EXHIBIT P1|TRUE COPY OF RANK LIST NO.| |---|---| ||202/2012/D.O.P. DATED 17.05.2012.| |EXHIBIT P2|TRUE COPY OF THE APPOINTMENT ORDER NO.| ||E1.12551/2014/DC DATED 01.06.2016.| |EXHIBIT P3|THE TRANSFER CERTIFICATE ISSUED TO THE| ||FATHER OF THE APPLICANT SRI. RAJAN FROM| ||BASEL E.MISSION HIGH SCHOOL, PALGHAT| ||VIDE NO. 5/49-50 DATED 02.06.1949.| |EXHIBIT P4|THE RELEVANT PAGES OF THE SERVICE BOOK| ||OF APPLICANT'S FATHER.| |EXHIBIT P5|THE CERTIFICATE IS ISSUED TO THE| ||APPLICANTS FATHER FROM V.V.P.HIGH| ||SCHOOL, PALGHAT DATED 30.03.1953.| |EXHIBIT P6|REPRESENTATION GIVEN BY THE APPLICANTS| ||FATHER TO THE DEVELOPMENT COMMISSIONER,| ||SEEKING TRANSFER WERE IN HE HAS| ||MENTIONED THE NATIVE PLACE AS PALAKKAD| ||AND IS SEEKING POSTING ANYWHERE IN| ||MALABAR REGION DATED 05.09.1958.| |EXHIBIT P7|TRUE COPY OF 3RD PAGE OF THE| ||S.S.L.C.BOOK OF PUSHPAVALLY, THE| ||APPLICANTS MOTHER ISSUED BY| ||GOVT.SECONDARY SCHOOL GIRLS, KANNUR| ||DATED 17.03.1965.| |EXHIBIT P8|REPORT OF THE VILLAGE OFFICE, KANNUR| ||DATED 23.03.2016.| |EXHIBIT P9|TRUE COPY OF THE DEATH CERTIFICATE| ||ISSUED BY THE ADAT PANCHAYATH,| ||CERTIFYING THE DATE OF DEATH OF THE| ||APPLICANT FATHER DATED 16.03.1993.| |EXHIBIT P10|TRUE COPY OF RATION CARD DATED 2/96| ||BEARING NO. 225134.| |EXHIBIT P11|THE S.S.L.C BOOK OF THE APPLICANT| ||RECORDS HER CASTE STATUS AS HINDU-| ## **WP(C) No.4997 of 2018 18** - VANNAN-SC AND THE OCCUPATION HER FATHER WAS PEON DATED 18.08.1991. - EXHIBIT P12 TRUE COPY OF CASTE CERTIFICATE ISSUED BY THE TAHSILDAR PALAKKAD DATED 30.04.2012 BEARING NO. C1.2012/18937. - EXHIBIT P13 TRUE COPY OF THE CERTIFICATE ISSUED BY THE TAHSILDAR PALAKKAD BEARING NO. 779/07/A1 DATED 11.01.2007. - EXHIBIT P14 TRUE COPY OF REPORT OF THE VILLAGE OFFICER, PALAKKAD I BEARING NO. 143/2016 DATED 26.03.2016. - EXHIBIT P15 TRUE COPY OF COMMUNICATION MADE BY THE TAHSILDAR PALAKKAD DATED 31.05.2016 BEARING NO. C1-2016/6543/9/500. - EXHIBIT P16 TRUE COPY OF THE ORDER OF THIS HON'BLE TRIBUNAL IN O.A.(EKM) 775/2016 DATED 14.06.2016. - EXHIBIT P17 ORDER NO. E1.12551/2014/DC DATED 10.05.2017. - EXHIBIT P18 TRUE COPY OF REPORT OF THE VIGILANCE OFFICER, DIRECTORATE OF KIRTADS VIDE CORRESPONDENCE NO. V 2195/2016 DATED 29.04.2017. - EXHIBIT P19 TRUE COPY OF THE SHOW CAUSE NOTICE NO. 1444584/G3/2017/SCST DD DATED 19.05.2017. - EXHIBIT P20 TRUE COPY OF THE REPLY FURNISHED BY THE APPLICANT. - EXHIBIT P21 TRUE COPY OF ORDER NO. 1444584/G3/2017/SC ST DD DATED 28.12.2017. - EXHIBIT P22 TRUE COPY G.O.(MS)NO. 09/2018/SC ST DD DATED 30.01.2018. - EXHIBIT P23 TRUE COPY OF EXTRACT OF ADMISSION REGISTER OF THE APPLICANT DATED 08.04.2016 MAINTAINED AT NURANI **WP(C) No.4997 of 2018 19** THONDIKULAM U.P. SCHOOL. EXHIBIT P24 TRUE COPY OF S.S.L.C.BOOK OF THE SIBLINGS OF THE APPLICANT NAMELY SUJITHA. R. EXHIBIT P25 TRUE COPY OF S.S.L.C.BOOK OF THE SIBLINGS OF THE APPLICANT NAMELY SARAVANAN. R. EXHIBIT P26(A), THE EXTRACT OF ADMISSION REGISTER OF APPLICANT AND HER SIBLINGS DATED 15.03.2017. EXHIBIT P27 TRUE COPY OF EXTRACT OF ADMISSION REGISTER OR SIBLINGS OF THE APPLICANT NAMELY SUJITHA. R MAINTAINED AT ST.SEBASTIAN SENIOR BASIC SCHOOL, PALAKKAD, STUDIED IN THE IST AND IIND STD. DATED 15.03.2017.