Kerala High Court
P.Rajan vs State Of Kerala on 28 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 28TH DAY OF JANUARY 2021/8TH MAGHA, 1942
WP(C).No.26459 OF 2019(F)
PETITIONER:
P.RAJAN,
AGED 43 YEARS,
S/O. PONNAIHA,
K.P.XIV/268,
VALIYAKANDATHIL HOUSE,
CHELIMADA, KUMILY P.O.,
IDUKKI-685 509.
BY ADVS.
SRI.P.B.KRISHNAN
SRI.SABU GEORGE
SRI.P.B.SUBRAMANYAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
SC/ST DEVELOPMENT DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM -1.
2 CHAIRMAN,
SCRUTINY COMMITTEE FOR VERIFICATION OF
COMMUNITY CERTIFICATES,
SC/ST DEVELOPMENT DEPARTMENT,
SECRETARIAT,
THIRUVANANTHAPURAM-1.
3 THE DIRECTOR,
DIRECTORATE OF KIRTADS, CHEVAYUR,
KOZHIKODE-673 017.
4 THE VIGILANGE OFFICER,
VIGILANCE CELL,
DIRECTORATE OF KIRTADS,
CHEVAYUR,
KOZHIKODE-673 017.
WP(C) No.26459/2019
:2 :
5 PONRAJ. V.,
S/O. LATE VELLAYAPPAN,
HML CHENAKRA ESTATE LINES,
CHENKARA P.O., KUMILY VILLAGE,
KUMILY P.O., IDUKKI-685 509
R5 BY ADV. SRI.BIJU .C. ABRAHAM
R5 BY ADV. SRI.MATHEWS K.UTHUPPACHAN
SPL GOVERNMENT PLEADER, SRI K.V.PRAKASH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 28-01-2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.26459/2019
:3 :
N. NAGARESH, J.
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W.P.(C) No.26459 of 2019
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Dated this the 28th day of January, 2021
JUDGMENT
~~~~~~~~~
The petitioner, who belongs to Sambava
Community, is before this Court seeking to call for the records
relating to the enquiry report in Exts.P7, P8 and P9 and quash
the same.
2. The petitioner states that he is a Hindu Scheduled
Caste (Sambava). His parents belong to Sambava
Community. His grand parents migrated from Tamil Nadu to
Kumali in search of employment and settled there. Ext.P2
extract of School Admission Register would show that the
petitioner is a Hindu Sambavar. Ext.P3 certificate issued by
Akhila Kerala Cheramar Hindu Mahasabha (AKCHMS) would
WP(C) No.26459/2019
show that the petitioner's father and family members had
taken membership in the AKCHMS since the year 1970-'71.
The Transfer Certificate issued to the petitioner from the
Government Arts College, Thiruvananthapuram produced as
Ext.P4, would evidence that the petitioner was given
Scheduled Caste concession during his studies. Ext.P5
certificate would show that the petitioner is a member of
Kumali Scheduled Caste Service Co-operative Society and
was even a Director Board Member of the said Society from
06.03.2010 to 05.03.2015.
3. Sree Ganapathi Bhadrakali Devaswom Trust has
issued Ext.P6 certificate showing that the petitioner is living as
a Hindu and believes in temple worship. In fact, the Tahsildar,
Peermed Taluk has issued Sambava Community Certificate to
the petitioner. However, the petitioner was issued with Ext.P7
show-cause notice of the Scrutiny Committee for verification of
Community Certificates in which it was alleged that the
petitioner and his family members had obtained Scheduled
Caste (Sambava) Community Certificate with malafide
WP(C) No.26459/2019
intention of claiming reservation benefits exclusively meant for
Scheduled Castes and that the petitioner and his family do not
belong to Scheduled Caste (Sambava) Community.
4. The Scrutiny Committee invited the petitioner for a
hearing on 28.05.2019. The petitioner through his lawyer
produced relevant documents and argued that he belongs to
Scheduled Caste. However, the 2 nd respondent rejected the
contentions of the petitioner and issued Ext.P8 order rejecting
the Scheduled Caste (Sambava) claim of the petitioner. The
2nd respondent forwarded Ext.P8 to the 1st respondent. The 1st
respondent in turn issued Ext.P9 order accepting the
recommendations of the Scrutiny Committee and rejected the
claim of caste status of the petitioner.
5. Respondents 1 and 2 filed counter affidavit.
Respondents 1 and 2 stated that the petitioner actually
belongs to Christian Community of Sambava origin. The
petitioner's paternal grandfather late Issac belonged to
Christian Community. The said Issac married to Thiruvamozhi
alias Krishnamma who claims to be a Hindu Sambava. Out of
WP(C) No.26459/2019
their wedlock, late Ponnayya and Thavamani were born.
Thavamani married to one Chellayya who is a Hindu
Sambava. The paternal grandmother of the petitioner
Krishnamma migrated to Kerala. The geniological and
discrete field level enquiry revealed that the petitioner's
grandparents migrated to Kerala before 1950. The petitioner's
father is an offspring of Christian Sambava father and mother
claiming to be Hindu Sambava.
6. Respondents 1 and 2 further submitted that the
petitioner's father, mother and siblings received baptism in the
year 1993 and became members of Church of South India,
Kumali. The petitioner's maternal grandfather and
grandmother who claimed to be Hindus, gave birth to 8
children. Among them, one Santhosham alias Pazhaniyamma
married to Ponnayya who is a Christian. The baptism
certificate of the petitioner's mother showed that the family is
following Christian faith. In the year 1993, the petitioner's
father, mother and siblings received baptism and became
Christians. Respondents 1 and 2 further pointed out that
WP(C) No.26459/2019
petitioner is married to Esthar Rosi who belonged to Christian
Community. The petitioner had two children Akash and
Hakesh. Akash is a declared Christian. The documents
collected and discrete field level enquiry made by KIRTADS
revealed that the petitioner's parents and siblings are following
Christianity and therefore the petitioner cannot be considered
as a member of Hindu religion. Consequently, he cannot be
treated as a Scheduled Caste.
7. Learned counsel for the petitioner pointed out that
Exts.P1 to P8 documents would undoubtedly establish that the
petitioner is a Scheduled Caste. Exts.P3, P5 and P6
documents would show that the petitioner is a Hindu
Scheduled Caste and that the petitioner has been accepted as
a Scheduled Caste (Sambava) by the Sambava Community.
8. The learned counsel for the petitioner argued that
merely because the grandfather of the petitioner had
converted to Christianity, it cannot be assumed that he
enunciated his Scheduled Caste. Relying on the judgment of
the Hon'ble Apex Court in Ganpath v. Returning Officer and
WP(C) No.26459/2019
others [(1975 ) 1 SCC 589], C.N. Arumugham v. S.
Rajagopal [(1976 ) 1 SCC 863], S. Anbalagan v. B.
Devarajan and others [1984 (2) SCC 112], The Principal,
Gundur Medical College v. Y. Mohan Rao [(1976) 3 SCC
411] and Kailash Sonkar v. Mayadevi [AIR 1984 SC 600],
the learned counsel urged that there should be a renunciation
of caste by the convert and then alone, a person will lose
Scheduled Caste status. Mere conversion of religion does not
by itself show that the convert is not suffering from any
disadvantage faced by Scheduled Castes. If the convert
desires and intends to continue as a member of the caste and
the caste also continues to treat him as a member, then
notwithstanding his conversion, he would continue to be a
member of the caste.
9. The learned counsel for the petitioner relied on the
judgment of Manu v. Chairman, Scrutiny Committee for
verification of Community Certificates [2015 (2) KLT 237
(SC)] argued that the Hon'ble Apex Court has held that if the
parents of a person are converted from Hinduism to
WP(C) No.26459/2019
Christianity and he is born after the conversion and later
embraces Hinduism and the members of the caste accept
him, then he would come within the fold of Scheduled Caste.
The learned counsel for the petitioner pointed out that his
father and mother were Hindu Sambavas. His paternal
grandmother was also a Hindu Sambava. For the sole reason
that his paternal grandfather embraced Christianity, it cannot
be held that the petitioner also is a Christian.
10. The learned counsel for the petitioner further relied
on a judgment of this Court in Jibin C. Baby v.
Commissioner for Entrance Examination and others [2016
(1) KLJ 683] wherein this Court held that in the case of
members of Scheduled Caste who embrace other religions in
their quest for liberation, but returned to their old religion on
finding that their disabilities have clung to them with great
tenacity. In the said case, this Court accepted a certificate
issued by Hindu Cheramar Sangham to come to a conclusion
that the petitioner therein was accepted and taken to the fold
of Hindu Cheramar Community by its members.
WP(C) No.26459/2019
11. Sri. K.V. Prakasan, learned Special Government
Pleader (SC/ST), relied on the judgment of the Apex Court in
Maduri Patil v. Additional Commissioner [(1994) 6 SCC
241] and argued that the Scrutiny Committee is empowered to
evaluate the evidence placed before it and the decision of the
Committee should prevail unless found vitiated in judicial
review. In the case of the petitioner, a proper enquiry was
made by the Scrutiny Committee and field level enquiry
revealed that the petitioner is a Christian Sambava and he is
not following the customs or practices of Scheduled Caste
(Sambava). The petitioner is trying to usurp the benefits
available to Scheduled Castes by forging documents. The
writ petition is therefore liable to be dismissed.
12. The 5th respondent filed a counter affidavit. Sri. Biju
C. Abraham, learned counsel appearing for the 5 th
respondent, urged that in the report of the Scrutiny
Committee, it is clearly stated that the petitioner's father
belongs to Christian Community and the family is following
Christianity. The petitioner married from Christian Community.
WP(C) No.26459/2019
The petitioner's parents and siblings are all following
Christianity and in the said circumstances, the petitioner
cannot be treated as a Scheduled Caste.
13. I have heard learned counsel for the petitioner,
learned Special Government Pleader appearing for
respondents 1 to 4 and learned counsel appearing for the 5 th
respondent.
14. Heard.
15. It has been revealed in the enquiry made by the
KIRTADS that the petitioner's paternal grandfather was
Christian. The petitioner's father was also a Christian. The
petitioner married a Christian. Three siblings of the petitioner
are also Christians. It is true that the paternal grandfather of
the petitioner married a Hindu Scheduled Caste (Sambava).
The petitioner's father also married a Scheduled Caste Hindu
Sambava. But, those facts would not be sufficient to hold that
the petitioner is a Scheduled Caste (Sambava).
16. Document No.7 relied by the Scrutiny Committee
would disclose that the petitioner's father and his three
WP(C) No.26459/2019
siblings baptised in the Church in the year 1993. The whole
family members of the petitioner, his wife and children are
living in Christian faith. The petitioner also chose a spouse
from Christian Community. In view of such overwhelming
facts and evidence, the onus on the petitioner to establish that
he belongs to Scheduled Caste Community is heavy.
Documentary evidence such as Ext.P3 issued by a community
organisation certifying the membership of the petitioner in the
said organisation and Ext.P5 certificate showing that the
petitioner was a member of a Society formed by the
Scheduled Caste citizens, are insufficient. The petitioner has
the burden to establish that he is living as a Hindu Scheduled
Caste (Sambava) following its customs and practices and that
the Scheduled Caste Community has accepted the petitioner
as one among them. This acceptance is required because all
the family members and siblings and father of the petitioner
are converted Christians.
17. In the facts and circumstances of the case, this
Court finds no reason to disagree with the findings of the
WP(C) No.26459/2019
Scrutiny Committee for verification of Community Certificates,
entered into after anthropological enquiry. This Court finds
that the conclusions in Ext.P8 order of the Scrutiny Committee
is based on material evidence collected by the Committee.
There is no reason to unsettle the findings of the respondents
in Exts.P7, P8 or P9.
The writ petition therefore fails and consequentially
it is dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/21.01.2021
WP(C) No.26459/2019
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE COMMUNITY
CERTIFICATE DATED 30.9.2015 ISSUED
FROM THE PEERUMEDU TALUK OFFICE.
EXHIBIT P2 A TRUE COPY OF THE EXTRACT OF THE
ADMISSION REGISTER DATED 20.4.2017
ISSUED FROM GOVT. HIGH SCHOOL AND
T.T.I, KUMILY.
EXHIBIT P3 A TRUE COPY OF THE CERTIFICATE DATED
21.11.2016 ISSUED BY WHOLE KERALA
CHERAMAR HINDU MAHA SABHA
KOLLAMPATTADA BRANCH, KUMILY.
EXHIBIT P4 A TRUE COPY OF THE TRANSFER
CERTIFICATE DATED 25.4.1998 ISSUED
FROM THE GOVT. ARTS COLLEGE,
THIRUVANANTHAPURAM.
EXHIBIT P5 A TRUE COPY OF THE CERTIFICATE ISSUED
FROM KUMILY SCHEDULED CASTE SERVICE
CO-OPERATIVE SOCIETY.
EXHIBIT P6 A TRUE COPY OF THE CERTIFICATE DATED
26.12.2015 ISSUED BY THE SREE GANAPATY
BHADRAKALI DEVASWAM TRUST.
EXHIBIT P7 ORIGINAL COPY OF THE SHOW CAUSE NOTICE
DATED 14.11.2018 ISSUED BY RESPONDENTS
NO. 2 AND THE INQUIRY REPORT.
EXHIBIT P8 A TRUE COPY OF THE ORDER DATED
EXHIBIT P9 A TRUE COPY OF G.O. (MS) NO.
71/2019/SCSTDD DATED 18.9.2019 ISSUED
BY RESPONDENT NO.1.
EXHIBIT P10 A TRUE COPY OF THE MARRIAGE
CERTIFICATE ISSUED BY THE ALL KERALA
CHERAMAR HINDU MAHASABHA BEARING
SL.NO.1714(VOL.No.32)
WP(C) No.26459/2019
EXHIBIT P11 A TRUE COPY OF THE CERTIFICATE ISSUED
BY THE SECRETARY OF THE KUMILY
SCHEDULED CASTE SERVICE CO-OPERATIVE
SOCIETY LTD.No.1195, KUMILY, IDUKKI
DISTRICT.
SR
