Saneesh E.S. v. State of Kerala and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 4[TH] DAY OF JULY 2023 / 13TH ASHADHA, 1945** ## **WP(C) NO. 11589 OF 2014** ## **PETITIONER:** SANEESH E.S. AGED 24 YEARS S/O.SOURY K.M., EDAKKTTUVELIL HOUSE, PERIKKALLOOR P.O., PULPALLY VILLAGE, SULTHAN BATHERY TALUK, WAYANAD DSTRICT, 673579. BY ADVS. SRI.A.JAYASANKAR SRI.MANU GOVIND SRI.C.V.MANUVILSAN ## **RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF SCHEDULED CASTES/SCHEDULED TRIBE DEVELOPMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 DISTRICT COLLECTOR COLLECTORATE, WAYANAD, 673121. 3 TAHSILDAR SULTHAN BATHERY, WAYANAD, 673121. 4 VILLAGE OFFICE PULPALLY, SULTHAN BATHERY, WAYANAD, 673579. 5 KERALA PUBLIC SERVICE COMMISSION PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY-695001. 6 THE REVENUE DIVISIONAL OFFICER MANANTHAVADY, WAYANAD, 673121. ADV.SMT.LATHA T.THANKAPPAN -SPECIAL GOVERNMENT PLEADER ADV.P.C.SASIDHARAN- STANDING COUNSEL ## **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON** **04.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P. (C) No.11589 of 2014 2 ## **JUDGMENT** ## This writ petition is filed with the following prayers: “i. _Declare that Petitioner belongs to the Cheramar community of Hindu Religion, which is a recognized Schedule Caste within the State of Kerala, in view of Exhibit P7 viz. GO (Ms) 109/08/SCSTDD dated 20.11.2008_ _ii. Call for the records leading to the issuance of Exhibits P6 and P12, and quash the same by way of issuance of a Writ of Certiorari._ _iii. Issue a Writ of Mandamus directing the Respondent No.3 to issue a Community Certificate to the Petitioner in accordance with GO (Ms) 109/08/SCSTDD dated 20.11.2008, without any further delay.”_ ## The case of the petitioner is as follows: 2. The petitioner belongs to the Cheramar Community of Hindu Religion, which is a recognized Schedule Caste within the State of Kerala. Mother of the petitioner belongs to the Cheramar Community of Hindu Religion and father belongs to Cheramar Community of Christian Religion. Originally the father of the petitioner belonged to the Cheramar Community W.P. (C) No.11589 of 2014 3 of Hindu Religion and he had been converted to Christianity, when the grandfather of the petitioner had converted to Christianity. Thereafter, the father of the petitioner married the petitioner's mother and all of them have started to live in accordance with Hindu religious customs. The petitioner was never baptized as per the Christian rights. The petitioner as well as his father is also following the Hindu Customs and Rituals in life. 3. The petitioner applied under the new facility introduced by the Kerala Public Service Commission, ' **One time Registration for candidates'** in order to apply for the jobs through the KPSC. As per this, the candidates can create a profile with complete details in the KPSC online database. The petitioner also registered his name through the new registration process. As part of procedural norm, the KPSC has to verify all the records, including the Community Certificate. For this purpose, the petitioner had submitted an application for a Caste Certificate. As per Ext.P3, the Village Officer also recommended for issuance of Caste Certificate to the petitioner. W.P. (C) No.11589 of 2014 4 4. The petitioner also filed a request to the “Kerala Pattika Jathi-Pattika Varga Aikya Vedi”. Pursuant to the said request, it has been unambiguously certified that petitioner and his family are living in accordance with the customs and rituals of Cheramar Community of Hindu Religion. As per Ext.P6, the Tahsildar took a different stand with a direction to the Village Officer to report as to whether the petitioner herein has eligibility for the issuance of a Community Certificate. Pursuant to the judgment of the Full Bench of this Court in **Indira v. State of Kerala [2005 (4) KLT 119],** the Government issued Ex.P7 G.O.(MS) No.109/2008/SCSTDD. As per Ex.P7 G.O., if the marriage was an intercaste marriage three conditions had to be satisfied. The conditions are follows: _i) Each case shall be examined individually in the light of the existing facts and circumstances_ _ii) the claimant has suffered disabilitiessocially, economically and educationally._ _iii) the society has accepted the claimant to their original fold as one among them and is living in the same social tenet._ 5. After issuance of Ext.P7 Government order, the W.P. (C) No.11589 of 2014 5 petitioner filed Ext.P9 appeal before the 6[th] respondent for consideration. The petitioner again filed Ext.P11 request to consider and pass orders, since, even after filing of appeal, the 6[th] respondent did not take any steps to dispose of the appeal. The petitioner filed a Contempt Case as COC No.1030/2013 before this Court which is pending. Thereafter, the 6[th] respondent passed Ext.P12 order dismissing the request of the petitioner. Aggrieved by the same, the petitioner had approached this Court with the above writ petition. 6. On 03.07.2023, when this case came up for hearing, it was submitted by the learned counsel for the petitioner that the father of the petitioner has re-converted to Hindu Religion and it has been published in the Official Government Gazette vide Gaz.No.19/2016/DTP (Part IV) dated 10.05.2016. 7. The learned Special Government Pleader submits that since the petitioner's father has reconverted to Hindu Religion, the matter can be reconsidered by the concerned competent authority. On consideration of the entire facts and circumstances of the case, I am of the opinion that this writ petition can be disposed of by giving a direction to the W.P. (C) No.11589 of 2014 6 petitioner to file a fresh representation and a direction to the competent authority to consider the same. 8. Accordingly, the writ petition is disposed of as follows: (1) The petitioner is directed to file a fresh application for issuance of community certificate, before the 3[rd] respondent within a period of two weeks from the date of receipt of a certified copy of this judgment. (2) On receipt of such application, the 3[rd] respondent shall consider and pass orders, in accordance with law, with notice to the petitioner and also affording an opportunity of hearing to the petitioner. Same shall be done within a period of two months thereafter. (3) The petitioner shall produce a certified copy of the judgment along with a copy of the writ petition before the 3[rd] respondent for compliance. Sd/- **SHOBA ANNAMMA EAPEN JUDGE** SMF W.P. (C) No.11589 of 2014 7 ## **APPENDIX OF WP(C) 11589/2014** PETITIONER EXHIBITS EXHIBIT-P1: A TRUE PHOTOCOPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE TAHSILDAR SULTHANBATHERY. EXHIBIT-P2: A TRUE PHOTOCOPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE. EXHIBIT-P3: A TRUE PHOTOCOPY OF THE REPORT OF VILLAGE OFFICER, MADE IN FORM II APPLICATION UNDER RULE 3(2) OF THE PETITIONER. EXHIBIT-P4: A TRUE PHOTOCOPY OF THE FORM NO.II APPLICATION DATED 13.06.2012. EXHIBIT-P5: A TRUE PHOTOCOPY OF THE REQUEST LETTER DATED 12.06.2012, ISSUED BY THE "KERALA PATTIKA JATHI-PATTIKA VARGA AIKYA VEDI", WAYANAD DISTRICT COMMITTEE. EXHIBIT-P6: A TRUE PHOTOCOPY OF THE ORDER DATED 21.06.2012 ISSUED BY THE 3RD RESPONDENT. EXHIBIT-P7 A TRUE PHOTOCOPY OF THE GO(MS) 109/08/SCSTDD DATED 20.11.2008. EXHIBIT-P8: A TRUE PHOTOCOPY OF THE JUDGMENT DATED 18.09.2012, PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.21143/2012. EXHIBIT-P9: A TRUE PHOTOCOPY OF THE APPEAL DATED 12.10.2012, PREFERRED BY THE PETITIONER BEFORE THE 6TH RESPONDENT. EXHIBIT-P10: A TRUE PHOTOCOPY OF THE POSTAL RECEIPT EVIDENCING THE DISPATCH OF EXHIBIT P9. EXHIBIT-P11: A TRUE PHOTOCOPY OF THE REGISTERED SHOW CAUSE NOTICE PREFERRED BY THE PETITIONER TO THE RESPONDENT. EXHIBIT-P12: A TRUE PHOTOCOPY OF THE ORDER NO.C6731/13 DATED 15.11.2013 PASSED BY THE 6TH RESPONDENT. EXHIBIT-P13: A TRUE COPY OF THE CASTE CERTIFICATE IS W.P. (C) No.11589 of 2014 8 ISSUED BY THE PULPALLY VILLAGE OFFICER IN FAVOUR OF THE FATHER OF THE PETITIONER DATED 01.01.2014. EXHIBIT-P14: EXHIBIT-P15: EXHIBIT P16 A TRUE COPY OF THE CASTE CERTIFICATE ISSUED BY THE SECRETARY OF THE KERALA PATTIKKA JATHI PATTIKKA VARGA IKKYA VEDI, WAYANAD ZILLA COMMITTEE DATED 09.07.2015, STATING THAT THE PETITIONER'S FAMILY BELONGS TO PULAYA COMMUNITY AND ARE PRACTICING CUSTOMS AND RITUALS OF THE HINDU RELIGION. THE INCOME CERTIFICATE DATED 24.11.2015 ISSUED BY THE VILLAGE OFFICER PULPALLY. A TRUE COPY OF THE FRONT PAGE AND PAGE NO 289 OF THE KERALA GAZETTE VIDE GAZ. NO. 19/2016/DTP (PART IV) DATED 10.05.2016 CONTAINING THE NOTIFICATION DATED 28.03.2016.