Judges : RAJEEV GUPTA,S.SIRI JAGAN
State of Kerala Rep, By Secretary, - Appellant
Versus
Subbayyan - Respondent
Case No : WA.No.2990 of 2001
Decided On : 10/14/2005
Advocates Appeared :
For the Appellants : P. Santhamma, Spl. Government Pleader. For the Respondent: FR. Johny Thottam, Advocate.
Constitution of India, 1950 - Article.226 - Writ jurisdiction - Appellants in this appeal are aggrieved by the direction of the learned Single Judge in the impugned judgment directing the 2nd appellant to issue a caste certificate to the daughter of the 1st respondent as belonging to Hindu-Pallan community, which is recognised as a scheduled caste in the State of Kerala and further to give financial assistance on the basis of such certificate. The situation culminating in the Original Petition - Held, Merely because a given caste is specified in one State as a scheduled caste does not necessarily mean that if there be another caste bearing the same nomenclature in another State, the person belonging to the former would be entitled to the rights, privileges and benefits admissible to a member of the schedule caste of the latter State for the purposes of the Constitution - opinion that the learned Single Judge was not correct in directing the 2nd appellant to issue a caste certificate to the daughter of the 1st respondent as a scheduled caste member. Therefore, we allow this Writ Appeal, set aside the judgment of the learned Single Judge and dispose of the Original Petition holding that the 1st respondent and his daughter are not entitled to the benefits and concessions available as a scheduled caste member in Kerala. There will be no order as to costs - Constitution (Scheduled Caste) Order 1950
Siri Jagan, J.
Appellants in this appeal are the State of kerala and the Tahsildar, Kollam. They were the respondents in O.P.No.27291/2000, the judgment in which is impugned in this appeal. They are aggrieved by the direction of the learned Single Judge in the impugned judgment directing the 2nd appellant to issue a caste certificate to the daughter of the 1st respondent as belonging to Hindu-Pallan community, which is recognised as a scheduled caste in the State of Kerala and further to give financial assistance on the basis of such certificate. The situation culminating in the original petition arose in the following circumstances.
2. The 1st respondent was originally a native of Palayamkottai Village in Dindigal Taluk in the State of Tamil Nadu. He belonged to the caste Hindu-Pallan. Hindu-Pallan caste of Tamil Nadu was recognised as a scheduled caste in that State as per the Constitution (Scheduled Caste) Order, 1950. Accordingly, he and his family were treated as scheduled caste members in the State of Tamil Nadu and they were enjoying the benefits applicable to scheduled castes in Tamil Nadu. In 1960, the 1st respondent, for the purpose of employment, migrated to Kollam in Kerala and settled there permanently. He had three children. He applied for a caste certificate before the 2nd appellant for his daughter Santhy for the purpose of getting educational benefits applicable to scheduled castes in Kerala, which was not issued to the 1st respondent. It is under the said circumstances that the 1st respondent approached this Court through the original petition.
3. In the original petition, the appellants herein did not file any counter affidavit. In Kerala also, there is a community called Hindu-Pallan which is also specified as a scheduled caste as per the Presidential order. It so happened that in the S.S.L.C. certificate of the 1st respondent’s daughter, her caste was shown as Hindu-Pallan. The concerned Village Officer also reported that the 1st respondent and his family are residing permanently in Mudakkal village, Kollam and they belonged to Hindu-Pallan community. On the basis of these facts, the learned Single Judge, by the impugned judgment, directed that if the 1st respondent applies to the 2nd appellant, a certificate should be issued within one month from the date of application and on getting the certificate, necessary financial assistance also should be given. This judgment is under challenge in this writ appeal.
4. Along with the appeal memorandum, the appellants have produced Annexure A1, which is a report dated 22-2-2001 from the Vigilance Officer of the Directorate of KIRTADS, Kozhikode to the Chairman of the scrutinizing Committee for verification of SC/ST claims, on the basis of the investigation conducted by the vigilance cell of KIRTADS in respect of the community status of the 1st respondent. The report shows that the 1st respondent and his parents as well as his wife belonged to Hindu-Pallan community of Tamil Nadu, which is recognised as a scheduled caste in the State of Tamil Nadu. It further stated that, admittedly, the 1st respondent had migrated to Kollam in the State of Kerala in the year, 1960, that is, subsequent to the Presidential order of scheduled castes issued in 1950. On the basis of Annexure A1 report, the learned special Government Pleader would argue that since the 1st respondent had migrated from Tamil Nadu to Kerala, although in both Tamil Nadu and Kerala, a community named Hindu-Pallan is a scheduled caste as per the Presidential order, the Hindu-Pallan of Tamil Nadu is not the same as Hindu-Pallan of Kerala State. In view of the above position, relying on the decision of the Supreme Court in the case of Action Committee on issue of Caste Certificate to Scheduled Castes and Scheduled Tribes in the State of Maharashtra & another v. Union of India & another, reported in (1994) 5 SCC 244, the learned Government Pleader argued that a person belonging to the scheduled caste in on
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.