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HIGH COURT OF KERALA
K VINOD CHANDRAN, J
SREEJA KILIMANGODE – Appellant
Versus
STATE OF KERALA – Respondent
WP(C)/13679/2008
Community - Scheduled Tribes - Kerala (Scheduled Castes & Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996 - This Act outlines the procedures for issuing community certificates and the authority of inquiry into claims of Scheduled Tribes, influencing the court's decision on the petitioner's community claim.
Fact of the Case:
The petitioner, claiming membership in the Scheduled Tribe Hindu-Adiyan, faced challenges obtaining a fresh Community Certificate required for a job. Despite prior supporting documents, an anthropological report questioned the petitioner's status, leading to a dispute over due process.
Issues: Whether the petitioner was denied due process in obtaining a Community Certificate and the validity of the anthropological report impacting her Scheduled Tribe claim.
Ratio Decidendi: The lack of a statutory time limit under the Act allows for reconsideration of claims if approached within a reasonable time after this judgment, emphasizing procedural fairness in community certification.
Final Decision: Writ petition closed with liberty to approach appropriate authority under the Act.
J U D G M E N T
The petitioner claims to be a member of Scheduled Tribe by name Hindu-Adiyan. The petitioner relies on Ext.P2 Secondary School Leaving Certificate, Ext.P3 the Community Certificate issued by the Tahsildar Thalassery Ext.P4 Admission Register as also Ext.P5 Community Certificate issued by the Tahsildar Taliparambara all showing the petitioner to be a member of the Hindu-Adiyan community.
2. The petitioner applied in pursuance to a notification issued by the Kerala Public Service Commission as per Ext.P1, in which she was called for an interview. The 3rd respondent directed production of a fresh Community Certificate, which she was unable to obtain. The 4th respondent is said to have declined grant of such a Certificate. The Tahsildar, Thalassery in fact had filed an application before the Director, Kerala Institute for Research, Training and Development Studies (KIRTADS), Kozhikode on 15.04.2008 under Kerala (Scheduled Castes & Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996. The said communication is available in Ext.R1(a-39). Based on this, the KIRTADS had said to have conducted an enquiry and the Anthropological report dated 06.10.2009 was prepared declining the claim of Scheduled Tribe raised by the petitioner.
3. The petitioner's contention is that the petitioner was not served with a copy of the report. Though the above writ petition was filed in the year 2008, the report is said to have been made on 06.10.2009 as is evident from Ext.R1(a)
and (b). The petitioner has also filed a reply contending that the said report was not supplied to him. In the circumstances explained above and the context of there being no limitation provided under the Act of 1996, if the petitioner moves an application within a reasonable time ie., from three months from the date of production of the certified copy of this judgment, the Scrutiny Committee shall consider the issue.
The writ petition would stand closed, leaving liberty to the petitioner to approach the appropriate authority under the Act of 1996. All the contentions of either parties are left open. It is made clear that this Court has not made any observation on merits.
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