Point of Law - The Presidential notification issued under Article 341 shows that members of the Hindu-Kuravan community are entitled to be treated as Scheduled Caste. The basis of reservation under Article 15(4) and 16(4) of the Constitution is to provide additional protection to the members of the Scheduled Castes and Tribes as a class of persons who have been suffering for a considerable length of time due to social and economic backwardness.

JUDGMENT :

The petitioner was born on 4.4.1996 to parents belonging to the Hindu-Kuravan community. The said community is included in the list of Scheduled Castes in the State of Kerala. The fact that the petitioner belongs to the Hindu-Kuravan community is borne out from Ext.P1, Secondary School Leaving Certificate issued by the Secretary, Board of Public Examinations, Kerala. The admission register of Smt. Ambily A., the mother of the petitioner, which is produced as Exhibit P4 also discloses the fact that the mother belonged to the Hindu-Kuravan community. The petitioner asserts that her father is no more.

2. After acquiring the requisite qualifications, the petitioner applied for the post of Lower Primary School Teacher, pursuant to notification issued by the Kerala Public Service Commission. The petitioner performed well in the written examination and she has been shortlisted for the post. On being asked to upload the caste certificate on the website of the 1st respondent, which was received by the petitioner by way of an SMS, the petitioner approached the Village Officer through the Akshaya Centre and submitted an online application for obtaining the certificate. The petitioner was directed to approach the Village Officer, Ezhukone and the records submitted by the petitioner was forwarded to the Village Officer, Kottarakkara. Since there was undue delay in issuing the certificate, she approached the Taluk Office, Kottarakkara. According to the petitioner, the Tahsildar refused to issue the certificate on the ground that the petitioner had married a person belonging to the Christian community.

3. The petitioner asserts that she was born as a Hindu -Kuravan and is not a person who had an advantageous start in life being born in a forward caste. According to the petitioner, just because she married a Christian man will not wipe off the benefit of reservation granted to persons such as the petitioner. It is contended that all through her life she has been suffering all handicaps and disadvantages for having been born as a member of the scheduled caste. The petitioner asserts that she is a Hindu by birth and conscience and has not embraced Christianity.

4. As the delay in granting the certificate was likely to impede her effort to secure employment, the mother of the petitioner submitted Ext.P5 representation before the RDO, Punalur, to consider the request made by the petitioner and to issue the certificate in an expeditious manner.

5. The petitioner contends that the Ministry of Home Affairs, Government of India have issued a Circular to all the Chief Secretaries of the State Governments and Union Territory Administration giving guidance for those authorities who are empowered to issue Scheduled Caste and Scheduled Tribe Certificates. In Ext.P7 Circular dated 2.5.1975, it has been stated in emphatic terms that a person who is a member of a Scheduled Caste or a Scheduled Tribe would continue to be a member of that of Scheduled Caste or Scheduled Tribe, as the case may be, even after his or her marriage with a person who does not belong to a Scheduled Caste or a Scheduled Tribe.

6. Being aggrieved by the non-consideration of the request made by the petitioner in accordance with the law, the petitioner is before this Court seeking a direction to the 5th respondent to issue community certificate to the petitioner forthwith and in the alternative, to direct the 4th respondent to consider and pass appropriate orders on Ext.P5 appeal immediately.

7. The learned Senior Government Pleader was directed to get instructions. It is submitted by Smt. Nisha Bose, the learned Senior Government Pleader that the request made by the petitioner was considered by the Village Officer, Kottarakkara. In the report, it is stated that the petitioner had submitted an application for issuance of Scheduled Caste certificate on 7.7.2021 through the ‘ReLIS software’ and the same was rejected on the ground that the applicant and her family had embraced Christian