IMPORTANT POINT
The determination of a child's caste is based on the disabilities, humiliations, and social handicaps faced by the child as a member of the scheduled caste community, regardless of the parents' inter-religious marriage.

JUDGMENT :

The petitioner, who is stated to belong to ‘Pulaya Community’ has approached this Court impugning Ext.P6 order, whereby, her application for a Community Certificate in favour of her minor daughter, as belonging to the said community, has been rejected on the ground that her husband belongs to the Christian community and that he has not converted himself into Hinduism until now.

2. The petitioner asserts that as is evident from Exts.P3 and P4, her daughter grew up as part of the Pulaya Community, suffering all attended prejudices and rigour; and that this is manifest from the fact that she was given such Certificate earlier, certifying that she belongs to the said community, as evident from Ext.P2. She says that, however, when it came to the application made by her for the purpose of Education of her daughter, it has been rejected through Ext.P6; and therefore, that it is illegal and unlawful.

3. Smt.Bhadra Kumari – learned counsel for the petitioner, submitted that the findings in Ext.P6, that her client’s daughter has not suffered any prejudice -though not stated specifically but whisperingly -is factually untenable and incorrect particularly because, they belong to a very low financial strata, with her husband virtually bedridden and unable to work for himself. She added that the reasons stated in Ext.P6, that her client’s husband has not converted to Hinduism, is totally untenable, very uncharitable and beyond the ambit of any of the Government Orders; and hence prayed that it be set aside.

4. Noticing the importance of the issues involved, I had requested Sri.S.Vishnu – learned counsel of this Court to assist this Court as an Amicus Curie. He has now filed a report, wherein, he has reflected his opinion as under:

“The petitioner is essentially challenging the non-issuance of community certificate in favor of her daughter. The petitioner belongs to the Hindu 'Pulaya' community and she married a person who belongs to the Christian 'Cheramer' community. According to the petitioner, herself, her husband and 3 children have been living as per the rights of Hindu 'Pulaya' community. The petitioner contends that her family have been subject to the social disadvantages and sufferings as that of the 'Pulaya' community, which is a community included as a Scheduled Caste. She also states that they are suffering from financial, social and educational backwardness.

2. In the aforesaid background, the petitioner submitted an application for issuing a community certificate to her daughter. Exhibit P3 is the report dated 11.07.2022 issued by the village officer concerned, where it is reported that the petitioner's daughter is entitled to be issued a caste certificate with respect to the Hindu 'Pulaya' community based on the caste of the petitioner. Exhibit P4 is another report by the village officer concerned in which it is stated that on enquiry, the village officer is satisfied that the marriage between the petitioner and her husband had taken place in accordance with the hindu rites and that they are currently living in accordance with the practices of the Hindu 'Pulaya community. Exhibit P4 also interestingly reports that the family of the petitioner faces all the financial. social and educational backwardness as faced by the Hindu 'Pulaya' community. Based on the above findings, the village officer recommends that the petitioner's daughter is entitled to be issued a community certificate in accordance with GO(MS No. 109/2008/SCST dated 20.11.2008.

3. The petitioner complained that despite the above favorable reports from the village officer, the Tahsildar had refused to issue a community certificate to the petitioner's daughter. This apparently had forced the petitioner to submit Exhibit P5 petition before the District Collector, Kottayam. The District Collector appears to have forwarded the same to the RDO concerned for conducting an enquiry. The RDO appears to have conducted an enquiry and passed Exhibit P6 order.

4. By virtue o