JUDGMENT

Dated this the 16th day of March, 2022 The petitioner is before this Court, aggrieved by the wrong description of his caste status as 'Roman Catholic Syrian Christian'. The petitioner states that his mother belongs to 'Latin Catholic' community and father is a 'Roman Catholic Syrian Christian'. The petitioner wants to opt mother's caste due to humiliation/difficulties from the part of his father's community members. The petitioner decided to opt/retain with his mother's caste and later got married to a woman who belongs to 'Latin Christian' community.

2. The petitioner is now raising his child as per the customs and rituals of 'Latin Christian' community. The petitioner does not want to continue in his father's caste/community. The petitioner's request for issuance of a certificate showing his caste as Latin Catholic has been rejected as per Ext.P7.

3. The learned counsel for the petitioner contended that admittedly, his mother belongs to Latin Catholic community. Ext.P6 Baptism certificate would show that the petitioner's son was baptised in St. Joseph's Metropolitan Cathedral, Palayam, Thiruvananthapuram, which is a Latin Catholic Church. Ext.P9 Non-Creamy Layer certificate issued by the competent authorities to the wife of the petitioner would indicate that the petitioner has married a person belonging to Latin Catholic community. In spite of these overwhelming evidence, the petitioner's application has been rejected as per Ext.P7.

4. The learned counsel for the petitioner urged that Ext.P7 is not a speaking order. If the social milieu of the petitioner is considered, he is following the customs and practices of Latin Catholic community and therefore, he should be issued with a community certificate accordingly. The petitioner, therefore, urged that this Court should direct the 2nd respondent to issue a community certificate to the petitioner treating the petitioner as belonging to Catholic.

5. The 2nd respondent filed a counter affidavit and resisted the writ petition. The 2nd respondent stated that the petitioner's father filed an affidavit to the effect that he had studied only upto 4th Standard and therefore, he cannot produce before this Court school records to establish his caste status. The petitioner's father has admitted that his caste status was entered as 'Syrian Catholic' while joining his school. Since there were doubts regarding the caste status of the petitioner, the respondents made local enquiry through the 3rd respondent. The local enquiry conducted by the 3rd respondent in Upputhode area, which is the native place of the petitioner's father, revealed that the petitioner's father and his siblings are following the customs and rituals of Syrian Catholic community. The 3rd respondent further stated that a local enquiry was conducted at Vakachuvadukara which revealed that the petitioner and his family are following the customs and rituals of Roman Catholic Syrian Christian. Furthermore, the Vicar of St. Mary's Roman Catholic Church, Kanjikuzhy certified that the petitioner and his family are members of that Parish, which is a Roman Catholic Syrian Church. It was in such circumstances that the application of the petitioner was rejected.

6. I have heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 7. Admittedly, the petitioner’s father belongs to Roman Catholic Syrian community and mother belongs to Latin Catholic community. Therefore, the question is which custom and rituals that the petitioner is following. The petitioner would point out Ext.P6 Baptism Certificate issued to his son by a Latin Catholic Church and would insist that the petitioner is following the customs of Latin Catholic. However, the local enquiry conducted by the 3rd respondent at Upputhode area, which is the native place of the petitioner’s father, disclosed that the petitioner’s father and his siblings are following the customs and rituals of Syrian Catholic community. Similarly, the en