Caste status determined by birth cannot be altered by inter-religious marriage, necessitating proper inquiry to reassess community eligibility for reservations.

JUDGMENT :

VIJU ABRAHAM, J.

Since a common issue is involved in all these writ petitions, they were heard and disposed of by a common judgment.

W.P.(C)No.27698 of 2022

2. Petitioner in this writ petition is presently working as a Medical Officer. Pursuant to a notification issued by the 8th respondent-Public Service Commission, the petitioner has applied to the post of Assistant Surgeon in Health Department under NCA - Hindu Nadar Community. The petitioner's parents belong to Hindu-Nadar community and petitioner is born and bought up in the said community. S.S.L.C. Book of petitioner's father and mother and the community certificate issued to the petitioner are produced as Exts.P1, P2 and P3 respectively. Petitioner participated in the test and interview and later, appointed at the District Hospital, Kanhangad as per Ext.P5, on 18.01.2017. There was a subsequent notification issued for appointment of Assistant Surgeon for Hindu Community and certain candidates applied for the said post including respondents 9 to 12. Since respondents 9 to 12 could not get selected, they filed Ext.P6 complaint before the 1st respondent stating that some of the candidates submitted false community certificates and got appointment in the quota earmarked for Hindu Nadar Community. Pursuant to a direction issued by this Court in Ext.P7, the complaint was considered and by Ext.P8 order, the caste and Non- creamy layer certificate issued to the petitioner was cancelled. It is seen that the 8^th respondent has also issued Ext.P10 communication denying the benefits of reservation , if a candidate converts from a caste to another and making them ineligible for reservation under both the castes. It is aggrieved by Exts.P8 and P10, the petitioner has approached this Court.

W.P.(C)No. 28545 of 2022

3. In this writ petition also the petitioner presently working as Assistant Surgeon in Government Service, who got selected in NCA – Hindu Nadar category and she was appointed as per Ext.P2 order on 01.08.2019. Ext.P3 is her School Leaving Certificate and Ext.P4 is the Non-Creamy Layer certificate issued to the petitioner, whereas Ext.P5 is the Secondary School Leaving Certificate of the petitioner's father, which would show that the petitioner belongs to the Hindu Nadar community. An enquiry was conducted and Exts.P6 and P7 reports were filed by the District Collector, and pursuant to the directions issued by this Court in Ext.P9, the matter was considered and the caste certificate issued to the petitioner was cancelled as per Ext.P10. The petitioner submits that she has always professed Hindu religion from her birth and she never converted to Christianity and the community certificates issued to the petitioner from time to time are produced as Exts.P11 to P14. The petitioner also produced Ext.P15 communication issued by the Temple Committee of Sree Dharma Sastha Temple, Thachottukavu dated 20.10.2021 to prove that the petitioner is still living as a Hindu-Nadar.

W.P.(C)No.28873 of 2022

4. Petitioner in this writ petition is also working as Assistant Surgeon, claiming the benefit of NCA – Hindu Nadar community and she was appointed as per Ext.P2 on 08.07.2019. Ext.P3 is the School Leaving Certificate of the petitioner and Ext.P4 is the Non- Creamy Layer Certificate issued to the petitioner, whereas Ext.P5 is the Extract of admission Register of the petitioner's father, which all would reveal that the petitioner belongs to Hindu-Nadar community. Certain candidates, who were lower in rank, filed a complaint stating that the petitioner has falsely claimed the benefit of Hindu Nadar, whereas she is a person belonging to C