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2009 Supreme(Online)(KER) 15610

HIGH COURT OF KERALA
JB KOSHY, CJ, PBHAVADASAN, J
BEENA.K.B – Appellant
Versus
STATE OF KERALA & 5 OTHERS – Respondent


Advocates:
MR.C.S.MANU, MR.S.K.PREMRAJ, MR.ANOOP JOSEPH, MR.ABHILASH AKBAR, MR.T.B.SIVAPRASAD, MR. ALEXANDER THOMAS, MR. SANTHOSH KUMAR.

J U D G M E N T

Koshy, Ag.CJ.

Petitioners in these writ petitions were born out of inter caste marriage. In these two cases, mothers belong to scheduled tribe. It is their case that they were born and brought up as a scheduled tribe. As per various Government Orders, they are entitled to educational benefits of scheduled tribe. Such Government orders are passed for encouraging mixed marriages. The question is whether caste status can be given to them considering the mothers' caste. It is their case that, in their school certificate they were treated as belonging to the scheduled tribe candidates. But, now the caste certificate is given based only on father's caste. They question the same. A Full Bench of this Court considered the matter in Indira v. State of Kerala ( 2005 (4) KLT 119 ).

Paragraph 20 of the judgment reads as follows:

“20. Children born of inter caste marriage of which either of the parents belongs to scheduled caste/scheduled tribe should have a caste status either that of the mother or that of the father. Article 15(4), 16(4) and 164(A) are intended to remove all handicaps and disadvantages suffered by members of scheduled caste/scheduled tribes. Suppose a neglected o

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