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2016 Supreme(Ker) 1412

High Court of Kerala
Alexander Thomas, J.
Jibin C Baby - Appellant
Versus
Commissioner For Entrance Examinations & Ors - Respondent
W.P.(C) No. 22436 of 2007
Decided On : 08-01-2016

Headnote:

SCHEDULED CASTE - REVIVAL OF STATUS - CONVERSION AND RECONVERSION - LEGAL PRINCIPLES - FACTUAL MATRIX - FINDINGS - RATIO - DECISION.

Fact of the Case:

Petitioner's paternal great grandfather and grandfather belonged to Hindu Sambava community. Petitioner's father renounced Hinduism and embraced Christianity in 1918. Petitioner's father married a Christian Sambava lady in 1987. Petitioner's father reconverted to Hinduism in 1987 by following sudhi ceremony. Petitioner was born in 1989. Petitioner's mother continues to be a member of the Christian religion. Petitioner and his father profess Hindu religion and are members of the Hindu Sambavar community.

Finding of the Court:

The petitioner's father had voluntarily accepted Hinduism, after performing sudhi ceremony and has fulfilled the necessary requirements of Ext.P-15 Government Circular and that the Hindu Sambava community had accepted him as a member of that community and that the petitioner was born after the said conversion. The petitioner's father and the petitioner have been accepted by Hindu Sambava Sabha as one among them.

Issues: Whether the petitioner can be granted the status of Scheduled Caste.

Ratio Decidendi: On conversion to Christianity, the parents of the respondent lost their membership in Madiga caste the respondent was therefore not a Madiga by birth and the pointed question considered by the Apex Court was as to whether the respondent therein could become a member of the Madiga caste on conversion to Hinduism. In this crucial aspect of the matter, the Constitution Bench placed reliance on the earlier three-Judge Bench ruling in C.M.Arumugam v. Rajagopal reported in (1976) 1 SCC 863, which held that there was no reason, either on principle or on authority, which should compel it to disregard the consistent earlier view, which prevailed for almost a century. That on reconversion to Hinduism, a person can once again become a member of the caste in which he born and to which he belonged before conversion to another religion, if the members of the caste accept him as a member.

Final Decision: The impugned proceedings at Ext.P16 and Ext.P17 are set aside. Resultantly, it is only to be held that the admission granted to the petitioner to the Engineering Degree course pursuant to the interim orders dated 23.7.2007 and 30.8.2007 have been made correctly and the admission granted to the petitioner should be treated as regular for all purposes.

JUDGMENT

Alexander Thomas, J.

1. The petitioner essentially challenges the legality and validity of the decision of the 1st respondent at Ext.P-16 in rejecting the petitioner's claim for Scheduled Caste (Hindu Sambava) status for admission to professional courses, 2007. The said impugned Ext.P-16 dated 30.6.2007 is based on an enquiry report (Ext.P-10) of the 3rd respondent-KIRTADS (Kerala Institute for Research, Training and Development Studies for Scheduled Castes/Scheduled Tribes), which, according to the petitioner, is not taking into account the crucial relevant criteria and the principles laid down by the Apex Court on the issue of conversion and reconversion of Scheduled Castes. The petitioner's paternal great grandfather and paternal grandfather (Chothi) belonged to Hindu Sambava community. It is also not in dispute that his forefathers prior to his paternal great grandfather were also belonging to the said community. It is evident from Ext.P-8 (report dated 9.5.1988 of the Village Officer concerned), that the petitioner's grandfather Chothi had renounced Hinduism and had embraced Christian religion in the year 1918 and had changed his name as Devassia. It is also not in dispute that Chothi @ Devessia's son (petitioner's father) one Sri.C.D.Baby was born and brought up as Christian in the Christian Sambava community and had married a lady belonging to Christian Sambava community on 10.10.1987 in a church (as discernible from Ext.P-4). Later, on 10.12.1998, the petitioner's father Sri.C.D.Baby had renounced Christianity and got himself converted to Hinduism by following sudhi ceremony and had changed his name as "Baby Chemmath". This is also evident from Ext.P-8. Ext.P-5 dated 10.12.1987 is the sudhi certificate issued by the Aryasamajam, Trivandrum, evidencing the conduct of the sudhi ceremony and conversion of petitioner's father to Hindu religion, which is in consonance with Ext.P-15 Government circular dated 15.12.1987. The petitioner's father thereafter duly effected publication regarding his renunciation of Christianity and conversion to Hinduism in the State Government's gazette as per Ext.P-6 Government notification dated 19.1.1988. Ext.P-7 is the certificate issued by the Kerala Sambavar Society, certifying that the petitioner's father on conversion to Hinduism in 1987, has been accepted as one among the Hindu Sambavar community and that he has been living as Hindu and not as Christian and that he was a member of the State Committee of the Kerala Sambavar Society during 2004 and that he continues to be an active member of the Kerala Sambavar Society, etc. The petitioner was born on 18.5.1989. It is common ground that the petitioner's mother continues to be a member of the Christian religion and almost all her siblings, parents, etc. belonged to the Christian sambava community. It is the definite case of the petitioner that the petitioner's father and the petitioner profess Hindu religion and that they are members of the Hindu Sambavar community and that the Hindu Sambavar community has accepted them as one among them. The petitioner's community status has been entered in the school records as Hindu Sambava community as evident from Ext.P-18. By Ext.P-8 dated 9.5.1988, the Village Officer, Peruvanthanam has found that though the petitioner's paternal grandfather had initially renounced Hindu religion and had accepted Christianity, the petitioner's father had voluntarily renounced Christianity and had converted to Hindu religion and that he has complied with all the requirements of Ext.P-15 Government norms and that the essential sudhi certificate and gazette notification referred to above have been duly examined and that the Hindu Sambavar community has accepted him as a member of the Hindu Sambavar community and that the petitioner's father can thus be issued community certificate as Hindu Sambava (SC). Later the petitioner's family had shifted their residence from Peruvanthanam in Idukki district to Kanakkari in






















































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