Judges : SREEDHARAN
Chinnamma - Appellant
Versus
Secretary to Government - Respondent
Case No : O.P. No. 9683 of 1989
Decided On : 12/06/1989
Advocates Appeared :
K.G. Devarajan; For Petitioner M.C. Gopi; For Respondents
Conversion - Scheduled Caste - The court held that the petitioner, a Christian by birth who adopted Hinduism through Suddhi ceremony, cannot claim the status of a member of the Scheduled Caste community, and therefore, is not entitled to the benefits under the Government Order.
Fact of the Case:
The petitioner, a Christian by birth, claimed to be a Hindu pulaya after converting under the auspices of Arya Samaj and sought entitlement to the privileges of a member of the scheduled caste. She petitioned for reappointment and regularization in service.
Finding of the Court:
The court found that the petitioner's claim as a member of the Scheduled Caste community was unsustainable, as her conversion into Hinduism did not confer on her the status of a member of the Scheduled Caste. Consequently, she was not entitled to the benefits under the Government Order, and her petition was dismissed.
Issues: The main issue was whether the petitioner, a Christian by birth who adopted Hinduism through Suddhi ceremony, could claim the status of a member of the Scheduled Caste community and be entitled to the benefits under the Government Order.
Ratio Decidendi: The court concluded that the petitioner, being a Christian by birth, could not claim the status as a member of the Scheduled Caste community through her conversion into Hinduism, and therefore, was not entitled to the benefits under the Government Order.
Final Decision: The Original Petition was dismissed, and the petitioner was not entitled to any of the reliefs sought.
Petitioner claims to be a pulaya Christian converted as a Hindu pulaya under the auspices of Arya Samaj and hence entitled to the privileges of a member of the scheduled caste. She obtained a Suddhi certificate dated 3-3-1981 from Arya Samaj. She married a pulaya Hindu. By Ext.P3 G.O.(P) 372/85/GAD dated 6-9-1985 Government ordered retention in service of employees belonging to the Scheduled Castes and Scheduled Tribes communities appointed under R.9(a)(i) of the General Rules and who were in service as on 2-8-1984. Petitioner was appointed as Lower Division Clerk under R.9(a)(i) of the General Rules with effect from 16-7-1984. She continued in that post till 31-8-1984. Since she was a provisional employee in service as on 2-8-1984 she claims to be entitled to the protection of Ext.P3 order and regularisation in service. This claim was put forward before the Government. But the Government have not passed any order extending the benefit of Ext.P3 order to her. Hence this original petition inter alia praying for a direction to the respondents to reappoint her as a Lower Division Clerk in the Taluk Welfare Department and to regularise her services.
2. A copy of this petition was served on the learned Government pleader. He was also heard.
3. Petitioner alleges that she was a pulaya Christian. Nowhere in the petition has she stated that she was born a Hindu pulaya who converted into Christianity. So she is a Christian by birth. Christianity does not recognise caste discrimination. There are no Scheduled Castes among Christians. Hence the petitioner's claim that she was a pulaya Christian is a misnomer. She a born Christian adopted Hinduism by undergoing a Suddhikarma under the auspices of Arya Samaj. A Christian by conversion into Hinduism will not become a member of the Scheduled Caste community. So the conversion into Hinduism not confer on the petitioner the status of a member of the Scheduled Caste. Hence the claim put forward by the petitioner as a member of the Scheduled Caste community is unsustainable.
4. The Suddhi certificate issued by Arya Samaj, Trivandrum on 3-3-1981 shows that Smt. Chinnamma is admitted to Vedic (Hindu) Dharma after the performance of Suddhi according to Arya Samaj rites and will be known hereafter as of the Hindu community. That certificate cannot confer on the petitioner the stauts of a member of the scheduled caste community. Subsequent to Ext.P1 she caused a notification to be published in the Kerala Gazette dated 7-1-1989. In that notification it is stated that as a result of the Suddhi certificate dated 3-3-1981 she became a member of pulaya Hindu (Scheduled Caste) and that the said change will come into effect in all records relating to her from the date of the Gazette notification. I am at a loss to understand how and under what process of law a Christian who has adopted Hinduism can describe himself as a pulaya Hindu (Scheduled Caste). No provision of law or authoritative writing has been placed before me to substantiate the petitioner's contention that a Christian on conversion can claim to be a pulaya Hindu and get all the benefits due to the members of a Scheduled Caste community,
5. The above discussion leads to the conclusion that the petitioner was never a member of the Scheduled Caste. She was a Christian by birth and by embracing Hinduism she can never claim the status as a member of the Scheduled Caste community. Accordingly she is not entitled to the benefits under Ext.P3 Government Order. Petitioner is not entitled to any of the reliefs asked for in this original petition.
The Original Petition fails. It is dismissed.
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