Kerala High Court
Jobin Sebastian vs State Of Kerala on 16 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 16TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943
W.P.(C) NO.14277 OF 2021
PETITIONER:
JOBIN SEBASTIAN,
AGED 33 YEARS, S/O. SEBASTIAN,
KANJIRAPPILLIL HOUE,
KANJIKUZHI P.O., IDUKKI, PIN-685 606.
BY ADV C.R.SIVAKUMAR
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE, SECRETARIATE,
THIRUVANANTHAPURAM.
2 THE TAHASILDAR,
TALUK OFFICE, IDUKKI,
VANCHIKKAVALA, CHERUTHONI,
IDUKKI DISTRICT, KERALA, PIN-685 602.
3 THE VILLAGE OFFICER,
VILLAGE OFFICE, KANJIKUZHI,
IDUKKI DISTRICT, PIN-685 606.
R1-R3 SRI.APPU P.S., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-2-
W.P.(C) NO.14277 OF 2021
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
W.P.(C) NO.14277 OF 2021
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 2 nd
respondent to issue a community certificate to the petitioner
treating the petitioner as belonging to Catholic.
W.P.(C) NO.14277 OF 2021
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 3 rd respondent.
The local enquiry conducted by the 3 rd 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
W.P.(C) NO.14277 OF 2021
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 enquiry
made at Vakachuvadukara where the petitioner is residing with
his family, revealed that they are following the customs and
W.P.(C) NO.14277 OF 2021
rituals of Roman Catholic Syrian Christian. They are
Parishioners of St. Mary's Roman Catholic Church, Kanjikuzhy.
8. Prima facie, the evidence would show that the
petitioner belongs to Roman Catholic Syrian Christian
community.
In the circumstances, this Court do not find any merit in
the contention of the petitioner in the challenge of Ext.P7.
Accordingly, the writ petition is dismissed. However, it is made
clear that the petitioner will be at liberty to establish his caste
status through any competent court/forum.
Sd/-
N.NAGARESH
JUDGE
bpr
W.P.(C) NO.14277 OF 2021
APPENDIX
PETITIONER'S EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE CERTIFICATE OF
BOARD OF HIGHER SECONDARY EXAMINATION
DATED 28/05/2003.
EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATE OF
BOARD OF HIGHER SECONDARY EXAMINATION
DATED 13/05/2005.
EXHIBIT P3 THE TRUE COPY OF THE DEGREE
CERTIFICATE DATED 28/08/2014.
EXHIBIT P4 THE TRUE COPY OF THE CERTIFICATE OF
REGISTRATION OF ADDITIONAL MEDICAL
QUALIFICATION ISSUED FROM THE
REGISTRAR OF THE TRAVANCORE COCHIN
COUNCIL OF INDIAN SYSTEM OF MEDICINE
DATED 08/02/2021.
EXHIBIT P5 THE TRUE COPY OF THE FRONT PAGE OF THE
SSLC BOOK OF HIS MOTHER 'ELSY.PM'.
EXHIBIT P6 THE TRUE COPY OF THE BAPTISM
CERTIFICATE OF DEVASIA (ADAM J
KANJIRAPPALLI) DATED 05/06/2018.
EXHIBIT P7 THE TRUE COPY OF THE COMMUNICATION OF
REJECTION STATUS FROM THE WEBSITE OF
THE 1ST RESPONDENT.
EXHIBIT P8 THE TRUE COPY OF THE REPLAY UNDER THE
RTI ACT DATED 20/05/2021.
EXHIBIT P9 THE TRUE COPY OF THE NON-CREAMY LAYER
CERTIFICATE DATED 01/03/2021.
