Caste status determination requires social acceptance, living in the same social tenet, proper enquiry process, and consideration of relevant facts.

JUDGMENT :

VIJU ABRAHAM, J.

1. The above writ petition is filed challenging Exts.P7, P12, P14 and P15 and for a declaration that the petitioner belongs to the Paniya caste and is entitled to all the benefits of Paniya caste and for issuance of a community certificate.

2. Averment in the writ petition is as follows:

The petitioner is a B.Com student at Vimala College, Thrissur. She belongs to ‘Paniya’ community, which is a recognised Scheduled Tribe community as per Second Schedule to the Constitution (Scheduled Tribes) Order, 1950. Relevant pages of the same produced as Ext.P1, would show that Paniya community is included as Serial No. 33 in the Second Schedule. The petitioner was born in Paniya community and was raised, following the tribal traditions with all the disadvantages attached to the tribe. The petitioner was residing at Nenmani, Sultan Bathery inside the Govindamala Tribal colony. Ext.P2 is the certificate issued by the Tribal Extension Officer, Sulthan Bathery dated 22.06.2011, which reveals that the mother of the petitioner has been granted an amount to the tune of Rs.42,000/- for construction of a residential building in a Scheme specifically meant for the members of the Scheduled Tribe community. Ext.P3 is the caste certificate issued to the mother of the petitioner, which would also reveal that she belongs to Hindu Paniya community. The father of the petitioner belongs to Orthodox Syrian Christian Community. Theirs was a love marriage and the petitioner was born out of an inter-caste marriage. The petitioner’s parents were in fact excommunicated by the petitioner’s paternal relatives and had no cordial relationship with them ever since their marriage. The petitioner, being a child of an inter-caste marriage and petitioner’s mother being from the Paniya tribe, she and her family were never accepted by her paternal side of the family and was raised as a part of and within the cultural bounds of the Paniya Tribe and this has resulted in them being discriminated socially as well as culturally and has contributed to their socio-economic backwardness. Ext.P4 birth certificate would also reveal that she was born at Wayanad. Exts.P5 and P6 documents, which are the school admission register and SSLC certificate, would reveal that the petitioner’s caste shown as Christian converted from Hindu Paniyan Community. While so, the petitioner has applied for a caste certificate on 30.06.2015 before the 4th respondent. By Ext.P7 order, the 4th respondent rejected the request of the petitioner for the reason that it was found in the enquiry that the petitioner and her family leads a life distant from the way of life and social circumstances of the Paniya community. She has been residing since her birth at Nenmani, Ward No. 2 in Paniya Colony and has lived in Wayanad from 2000 to 2006. The mother of the petitioner has constructed a house as well after receiving financial assistance for Scheduled Tribes from the Government authorities. The petitioner’s mother has also received amounts from the Government granted to inter-caste marriage couple, as is evident from Ext.P8. As a Scheduled Tribe, the petitioner’s mother is also covered under the Rice Distribution Scheme for Scheduled Tribes, as is evident from Ext.P9 Rice Distribution Card, issued by the Tribal Extension Officer, Sulthan Bathery. The Head (Moopen) of the Govindamala Tribal Colony has issued Ext.P10 certificate dated 08.02.2017 stating that the community follows a matrilineal system. By Ext.P11 certificate, the Head (Moopen) has also certified that the petitioner belongs to the Paniya community and she was born and brought up in that community. The petitioner submits that based on all these documents, it is beyond doubt that the petitioner belongs to Paniya community. Later on, KIRTADS enquired into the matter and submitted Ext.P12 report against the petitioner, without affording an opportunity of being heard to the petitioner. Challenging Exts.P7 order and P12 report, the