LAWS(SC)-2015-2-76

K.P.MANU Vs. CHAIRMAN

Decided On February 26, 2015
K. P. Manu Appellant
V/S
CHAIRMAN, SCRUTINY COMMITTEE FOR VERIFICATION OF COMMUNITY CERTIFICATE Respondents

JUDGEMENT

(1.) As we perceive, the controversy fundamentally has three arenas, namely, (1) whether on conversion and at what stage a person born to Christian parents can, after reconversion to the Hindu religion, be eligible to claim the benefit of his original caste;

(2.) In our considered opinion, three things that need to be established by a person who claims to be a beneficiary of the caste certificate are

(3.) In the case at hand, as far as the first aspect is concerned, as we have stated hereinbefore, there is no dispute. If a person who is born to Christian parents who had converted to Christianity from the Scheduled Caste Hindu can avail the benefit of the caste certificate after his embracing Hinduism subject to other qualifications, there cannot be any soundness of logic that he cannot avail the similar benefit because his grandparents were converted and he was born to the parents who were Christians. They must have belonged to that caste and after conversion the community has accepted. Our view is fortified by the authority in S. Anbalagan (supra). Thus, the reasoning as ascribed by the Scrutiny Committee as well as by the High Court on this score is unacceptable.