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2010 Supreme(Mad) 4486
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE D. MURUGESAN & THE HONOURABLE MR. JUSTICE M. JEYAPAUL
R. Arunkumar
Versus
The Tahsildar Polur Tiruvannamalai Dt
Writ Petition No.20604 of 2010
Decided On : 18-10-2010
For the Petitioners:S. Doraisamy, Advocate.
For the Respondent: M. Dhandapani, Special Govt. Pleader.
The main legal point established in the judgment is the necessity for a fresh application in line with the relevant Government Order, and the verification of the declaration in the locality where the petitioner and his parents reside.
Headnote:
Community Certificate - Issuance of Community Certificate - G.O. Ms. No.477, Social Welfare Department, dated 27.6.1975 - Summary: The court discussed the issuance of a community certificate to a petitioner belonging to an inter-caste marriage, considering the G.O. Ms. No.477, which determines the community of children born of inter-caste marriages based on the declaration of the parents regarding the way of life in which the children are brought up. The court emphasized the need for a declaration from the applicant's father and verification of acceptance by the community living in the area.
Fact of the Case:
The petitioner sought a community certificate, claiming to belong to the Adi Dravida Christian Community, but later applied for a grant of community certificate based on his parents' religion. The rejection of the second application was challenged in the writ petition.
Finding of the Court:
The court set aside the impugned order, stating that the earlier certificate issued to the petitioner when he was a minor cannot be the basis for rejection. The petitioner was permitted to make a fresh application strictly in terms of G.O. Ms. No.477, and the Officer concerned was directed to cause verification as to the genuineness of the declaration in the locality where the petitioner and his parents reside.
Issues: The core issue related to the religion the petitioner actually practiced and professed by adopting Hinduism through his father. The court also considered the validity of the rejection of the earlier community certificate and the need for a fresh application in line with the relevant Government Order.
Ratio Decidendi: The court emphasized that the rejection of the earlier certificate issued to the petitioner when he was a minor cannot be a valid reason. It highlighted the necessity for a fresh application strictly in terms of G.O. Ms. No.477, and the verification of the declaration in the locality where the petitioner and his parents reside.
Final Decision: The impugned order was set aside, and the petitioner was permitted to make a fresh application strictly in terms of G.O. Ms. No.477. The Officer concerned was directed to cause verification as to the genuineness of the declaration in the locality where the petitioner and his parents reside, and pass appropriate orders within three months.
( Made by D. MURUGESAN, J. )
1. The prayer in this writ petition is for the issuance of a Community Certificate. The petitioners father belongs to the Adi Dravida community and his mother belongs to Christianity. The date of birth of the petitioner is 31.5.1992, as reflected from his school records. While he was a minor, the petitioner filed an application on 27.6.2009 before the authority concerned for issuance of a community certificate to the effect that he belongs to Adi Dravida Christian Community and such a certificate was also issued by the authority concerned. However, when such application was made, no declaration was given by his parents as to which religion the petitioner professes. Later on, after coming to know that his father professes Hinduism and his mother, though belonging to Christianity, also professes Hinduism, the petitioner made another application to the respondent on 2.12.2009 for grant of community certificate, which was rejected solely on the ground that the petitioner was earlier issued with a community certificate certifying him to be a Adi Dravida converted Christian, which is a Backward Class. The said order is put in issue in this writ petition on the ground that the core question relating to the religion which the petitioner actually practiced and professed by adopting Hinduism through his father has not been considered.
2. We have heard Mr. S. Doraisamy, learned counsel appearing for the petitioner and Mr. M. Dhandapani, learned Special Government Pleader appearing for the respondent.
3. There is no dispute as far as the religion of the petitioners parents is concerned, viz., the father and mother of the petitioner professing Hinduism and Christianity respectively from the time of their marriage. Equally, there is no dispute that the petitioner himself made an application on 27.6.2009 together with a declaration that he belongs to Adi Dravida Christian Community, on the basis of which he was issued with such a certificate. It is also not in dispute that when the said application was made, no declaration was filed by his parents as to which religion the petitioner has been professing. With this background in mind, the writ petition has to be decided.
4. Considering the claims of children born out of inter-caste marriages, the Government of Tamil Nadu issued G.O. Ms. No.477, Social Welfare Department, dated 27.6.1975, which reads as follows:-
"The Government have been extending certain concessions to the members of Scheduled Tribes, Scheduled Caste and Backward Classes from time to time. A question has arisen about the determination of the community of the children born of inter-caste marriages.
2. The Government after carefully examining the question, direct that the children born of inter-caste marriages, that is marriages,
(i)between a person of a Scheduled Tribe and another of a Scheduled Caste or Backward Class or Forward Classes;
(ii) between a person of a Scheduled Caste and another of a Backward Class or Forward Classes; and
(iii) between a person of a Backward Class and of a Forward Class, shall be considered to belong to either the community of the father or the community of the mother according to the declaration of the parents regarding the way of life in which the children are brought up and that the declaration in respect of one child will apply to all children."
5. By the aforesaid Government Order, a child born out of an inter-caste marriage shall be considered to belong to the community of the father or that of the mother and the request for issuance of a community certificate in respect of such a child shall be considered in the light of the above. However, such consideration can also be on the basis of a declaration of the parents regarding the way of life in which their children are brought up.
6. As far as the community certificate dated 27.6.2009 is concerned, the same was issued on an application made by the petitioner himself together with a declaration at
