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2009 Supreme(Online)(KER) 41943
HIGH COURT OF KERALA
K.S.RADHAKRISHNAN, J
ABHILASH.R.V. – Appellant
Versus
TAHSILDAR, NEYYATTINKARA TALUK – Respondent
WP(C)/13668/2009
MR.P.V.JAYACHANDRAN MR.KEERTHI SOLOMON, SPL. GOVERNMENT PLEADER MR.SANTHOSH KUMAR, MR.ALEXANDER THOMAS, SC, KPSC
A child of an inter-caste couple can inherit the caste of the mother for legal and administrative purposes.
Headnote:
Caste - Caste Certificate - Government Order - Hindu Cheramar
Fact of the Case:
The petitioner, born to a mother from the Hindu Cheramar caste, faced issues obtaining a caste certificate after officials questioned his status due to parental separation and association with his father's Nadar Christian status.
Issues: Whether the petitioner is entitled to a caste certificate as a Scheduled Caste despite the separation of his parents and his father's religious identity.
Ratio Decidendi: A child's caste status can be determined by the caste of the mother, regardless of the father's caste or the parents' marital status.
Final Decision: The petitioner is entitled to a caste certificate as belonging to the Hindu Cheramar caste.
JUDGMENT
1.The petitioner was born on 28.5.1981. His mother belongs to Hindu Cheramar (a Scheduled Caste). Ext.P1 SSLC book shows that petitioner belongs to Cheramar caste. That was issued on 28.3.1996. Thereafter, Ext.P2 caste certificate was issued in 2004 showing the petitioner as belonging to Hindu Cheramar caste. Ext.P3 is issued on 22.8.2008 showing his caste as Hindu Cheramar. Ext.P4 shows that the petitioner had undergone course of study in trade - Mechanic Diesel. Thereafter, as of now, he has been selected for recruitment to the State Police.
2.When the petitioner applied for certificate as regards his caste, he found that the competent authority is not issuing a caste certificate afresh. He applied for a direction for grant of the certificate. With the passage of time, the official respondents started taking the stand that though the petitioner's mother belongs to Hindu Cheramar caste, on enquiry, it is seen that as of now, the petitioner stays with his father, a Nadar Christian and who is estranged from the petitioner's mother; that the petitioner is following the practices of a Nadar Christian and hence the officials came to the conclusion that the petitioner cannot be treated as belonging to Hindu Cheramar caste.
3.Born in the womb of a woman, identified as belonging to Hindu Cheramar caste and having been identified for all intents and purposes for more than two decades as belonging to that caste, the mere fact that the parents could not continue their matrimonial tie and were separated, does not mean that the child of an inter-caste couple should suffer the consequences. The petitioner was identified as belonging to Hindu Cheramar caste following the caste of his mother. Such status came to his aid for furtherance in life.
With the passage of time, the Government have come forward with a Government Order which states that the caste status of the mother could also be relied on for issuing caste certificate of the child of an inter-caste couple. Fortunately, the intelligible differentia and hostile classifications are slowly getting cleansed off.
Having noticed the aforesaid situation, it goes without saying that the petitioner is entitled to be issued a caste certificate showing that he belongs to Hindu Cheramar caste (a Scheduled Caste) following the caste of his mother. It is so declared and it is further ordered that certificate in terms of this declaration shall be issued to the petitioner on production of a copy of this judgment. The writ petition ordered accordingly.
THOTTATHIL B.RADHAKRISHNAN, JUDGE.
Sha/2412
