Children born of inter-caste marriage should be treated as scheduled caste only if either of the parents belongs to that community. Executive orders cannot override the constitutional definition of scheduled caste.

Headnote:
Inter-caste married couple - Admission to M.B.B.S. Course - G.O.(Ms) 298/61/Rev., G.O.(Ms) 11/77/DD, G.O.(Ms) 155/76 H.Edn. - The court held that children born of inter-caste marriage should be treated as scheduled caste only if either of the parents belongs to that community. The executive orders cannot override the constitutional definition of scheduled caste.
Fact of the Case:

The petitioners, children of inter-caste married couples, sought admission to M.B.B.S. Course against the seats reserved for scheduled caste. The screening committee denied their admission based on the report submitted by the KIRTADS.
Finding of the Court:

The court found that the petitioners were not entitled to admission as scheduled caste as they were brought up as members of a caste other than scheduled caste and did not avail any benefits as scheduled caste members.
Issues: The main issue was whether the children born of inter-caste marriage could be treated as scheduled caste for admission to M.B.B.S. Course.
Ratio Decidendi: The court held that children born of inter-caste marriage should be treated as scheduled caste only if either of the parents belongs to that community. The executive orders cannot override the constitutional definition of scheduled caste.
Final Decision: The court dismissed the original petitions, upholding the decision of the screening committee that the petitioners were not entitled to admission to M.B.B.S. Course against the seats reserved for scheduled caste.

Judgment :-

In these four original petitions common questions are raised. I heard all the counsels for the petitioners and the Government Pleader and I dispose of these petitions by a common judgment.

2. All these petitioners seek admission to M.B.B.S. Course against the seats reserved for scheduled caste. The petitioners have passed the entrance examination conducted for admission to M.B.B.S./B.D.S./Bsc./Agriculture Course for 1993-94. Petitioners are children of inter-caste married couple. According to these petitioners they are to be treated as scheduled caste for the purpose of reservation to admission to M.B.B.S. Course. In each of the petitioners' case one of the parents belongs to a caste included in the list of scheduled caste.

3. In O.P. 15163/93 petitioner's father Dr.C.B. Viswambaran belongs to Hindu-Pulaya community which is included in the list of scheduled caste. Petitioner's mother C.U. Anna is a member of the Syrian Catholic community. It seems that the petitioner was brought up as a member of the Roman Catholic Community. In the SSLC book of the petitioner his caste name is mentioned as Syrian Catholic. The 5th respondent conducted an anthropological study and filed Ext.P4 report and it shows that the field enquiry revealed that the candidate is identified as a Christian. Petitioners brother Visal is a student of the Arts College, Trivandrum. His caste name is also mentioned as Syrian Catholic. Petitioner appeared for M.B.B.S. course during 1992-93 under open-quota and he could not secure admission.

4. In O.P.15102/93 petitioner's father belongs to Viswakarma community which is not included in the list of Scheduled caste. Petitioner's mother belongs to Hindu-Pulaya community which is included in the list of scheduled caste. In this case the second respondent 'KIRTADAS' conducted an enquiry and in Ext.P1 report it is stated that the petitioner's father Madhavan married Chinnamu and three children including the petitioner were born in that wedlock. In the school records of the three children caste name is mentioned as Viswakarma -OBC. The petitioner is a final year student of B.Sc. and in his SSLC Book also caste name is shown as Viswakarma. It is further stated that the petitioner was brought up under non-schedule caste identity and neither the petitioner nor his siblings had ever claimed any benefits which are conferred on scheduled caste.

5. In O.P.15127/1993, petitioner's mother K.K. Subhadra belongs to Pulaya community which is included in the list of scheduled caste and petitioner's father belongs to Veluthedathu Nair community. In Ext.PS anthropological report of the KIRTADS it is staled that in the wedlock of Gopalakrishnan and Subadra, four children including the petitioner were born. Petitioner has passed Pre-Degree Examination and in his SSLC book his caste name is shown as Nair. In respect of other children also their caste name is mentioned as Nair. Petitioner's mother deposed before the 41h respondent that her children had not availed any benefits that were due to the members of the scheduled caste. The report further states that the petitioner and other members of the family arc leading life as members of Nair community.

6. In O.P.14958/93 petitioner's father Ramachandran Nair belongs to Nair community and petitioner's mother Leela belongs to Hindu-Velan community. Hindu-Velan is a caste included in the list of scheduled caste. The petitioner's caste name has been mentioned in the SSLC book as Nair. In this case also the KIRTADS had conducted an enquiry and found that the petitioner and other members of his family were leading life as members of Nair community.

7. Petitioners pray that they shall be admitted to MBBS Course as if they are members of the scheduled caste. Petitioners raise their claim on the basis of various government orders and the note appended to the prospectus issued for the year 1993-94 to regulate the admission to medical and agricultural courses. The note appended to the prospectus

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Judicial Analysis