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SUPREME COURT OF INDIA
Dipak Misra & V. Gopala Gowda, JJ.
K.P. Manu – Appellant
Versus
Chairman, Scrutiny Committee for Verification of Community Certificate – Respondent
CIVIL APPEAL No. 7065 OF 2008
Decided on: 26-02-2015
(1976) 1 SCC 863 – Relied upon
ILR 33 Mad 57; ILR 33 Mad 342: Mad I.J. 49; AIR 1952 Mad. 474 – Cited with approval
(1976) 3 SCC 411; (2011) 6 SCC 430 – Referred
(b) Hindu law – Conversion – Settled that a person whose parents had converted to other religion gets back to his original caste on reconversion – No reason why such person whose forefathers had converted should not get back to his original caste on reconversion. (Para 18)
(1984) 2 SCC 112; (1969) 1 SCR 254; (1971) 1 SCR 49; 1954 SCR 817; (2003) 8 SCC 204; (2004) 3 SCC 429; (1996) 3 SCC 576; (1972) 1 SCC 771 – Relied upon
ILR 9 Mad 342; 1934 MLJ 389: AIR 1934 Mad 630; AIR 1940 Mad 513 : ILR 1940 Mad 653 : (1940) 1 MLJ 800
– Cited with approval
(1984) 2 SCC 91– Referred
(c) Hindu law – Conversion – Person whose parents or forefathers converted to another religion reconverting to Hinduism and claiming original (Scheduled) caste – Permissible if the caste is recognized by Constitution (Scheduled Castes) Order, 1950, fact of reconversion is established and the person after reconversion has been accepted by the community – Instantly appellant satisfying all requirements – Marrying a Christian girl is immaterial – Held, appellant after reconversion had come within the fold of the community and thereby became a member of the scheduled caste. (Para 34, 38, 40, 45)
S. Anbalagan – Relied upon
(1995) 3 SCC 221; (1984) 2 SCC 91 – Distinguished
Administration of Justice – Precedent – Per incuriam – Decision given in ignorance or forgetfulness of some inconsistent statutory provision or of some authority binding on the court concerned – Decision given per incuriam can be ignored. (Para 44)
(1988) 2 SCC 602; (2014) 7 SCC 340 – Relied upon
Facts of the case;
The great grandfather of the appellant belonged to Hindu Pulaya Community. His son Chothi embraced Christianity and accepted a new name, that is, Varghese who married Mariam who originally belonged to Hindu 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. The appellant who was born on 03.01.1960 sometime in the year 1984 at the age of 24 converted himself 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. The appellant after conversion had obtained a certificate from the concerned community on 5th February, 1984. Eventually, the Tehsildar had issued the necessary caste certificate.
The Scrutiny Committee, on the basis of a complaint embarked upon an enquiry and recorded a finding holding, inter alia, that the appellant does not belong to that caste.
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 towards the salary paid to him.
The High Court dismissed the writ petition.
Finding of the Court:
Impugned judgment cannot be sustained.
Result: Appeal allowed.
JUDGMENT
Dipak Misra, J.
In this appeal, by special leave, the assail is to the judgment and order dated 10th March, 2006 passed by the Division Bench of the High Court of 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 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 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 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 origin and hence, could not have been 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 new name, that is, Varghese who married Mariam who originally belonged to Hindu 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,
3 Paulose, got married to Kunjamma who was a Christian. The appellant who was born on 03.01.1960 sometime in the year 1984 at the age of 24 converted himself 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, the appellant after conversion had obtained a certificate from the concerned community on 5th February, 1984. Eventually, the Tehsildar who was authorised to issue the caste certificate had issued the necessary caste certificate.
3. On the basis of the complaint made, the Scrutiny Committee embarked upon an enquiry and recorded 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 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.
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 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.
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 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 contr
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