Back
A. MUHAMED MUSTAQUE, P. M. MANOJ
Anu. S. P. – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
A.Muhamed Mustaque, J.
The petitioner, Mr.Anu, was born to Hindu Nadar parents. He was raised and brought up as a Hindu Nadar. Hindu Nadar is a backward community and the members of the community are entitled for reservation.
2. The Kerala Public Service Commission (KPSC) invited applications in the year 2011 to the NCA vacancy for Hindu Nadar candidates for the post of Jail Warder in the Jail Department. Anu applied and got a selection as per the advice memo of KPSC on 25/02/2015. He had also applied for the post of Fireman (Trainee) through KPSC as per the notification issued in the year 2012 and he got selected and was advised, as per advice memo dated 15/07/2015. This selection was again in the community category of Hindu Nadar. Anu resigned from the post of Male Warder and joined as a Fireman (Trainee) with effect from 03/01/2016.
3. On 13/01/2017, Anu received a show cause notice from KPSC stating that a fraud has been committed by him on KPSC as to his caste status. It is also stated therein that Anu was converted to Christianity, and thereafter, reconverted to the Hindu Community through the Arya Samaj. It is further stated in the show cause notice that, suppressing
KPSC lacks authority to independently determine caste status and must refer such matters to the issuing authority for proper enquiry.
Caste status determined by birth cannot be altered by inter-religious marriage, necessitating proper inquiry to reassess community eligibility for reservations.
Conversion to Christianity results in the loss of caste status; reconversion requires proof of acceptance by the original community.
Caste status under the Scheduled Caste Order is conferred by birth in Hinduism; conversion to another religion negates this status, affecting claims to caste benefits.
Conversion to Christianity results in loss of Scheduled Caste status; personal identity shifts following marriage under the Indian Christian Marriage Act.
Conversion from Hinduism to Christianity disqualifies individuals from Scheduled Caste status, impacting eligibility for caste-based benefits.
Religious conversion does not permit an individual to claim caste benefits under law, and statements under Section 161 Cr.P.C. are not considered formal evidence in court.
Power of the Election Commission and held that what was exercised is a quasi judicial power and that once it is exercised, there is no power of review available with the Commission.
The Appellant organization lacked locus standi to challenge the judgment as the State did not contest the order quashing the cancellation of the community certificate.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
