J DAS Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition comes up before us on reference by Bhaskaran J. The petitioner claims to be a Paraya - Hindu. He is a B.Sc. graduate with Zoology main and Botany and Chemistry as subsidiary subjects. He applied for admission to the M. B. B. S. course for the year 1980-81 claiming a seat reserved for scheduled caste He was first included in Ext. P1 provisional rank list dated 21-8-1980 Subsequently, his name was deleted from Ext. P2 select list dated 25-9-1980. No reasons were given for his exclusion from Ext. P2 list. He learnt on enquiry that his exclusion was as a result of enquiries conducted by the College authorities who found that he did not belong to scheduled caste.

(2.) The petitioner's case that he belongs to a scheduled caste, Hindu - Paraya, is set out in the petition as follows: His paternal grandfather was one Athichan of Pathanapuram Taluk, who is now more than 80 years old. He lives with the petitioner's parents in Pathanapuram. The said Athichan was originally a Hindu belonging to the Paraya Caste Ext. P3 is an affidavit filed by him stating that he and his forefathers were all Paraya Hindus. While so, he changed his religion and got himself converted into Christianity through the Salvation Army Divisional Headquarters, Adoor, changed his name from Athichan to Pathrose Jacob. This conversion is evidenced by Ext. P4 certificate. Ext. P5 is an affidavit by the petitioner's father. J. Yesudasan, who is the eldest son of the aforesaid Pathrose Jacob. He was a born Christian as is the petitioner. Ext. P6 is page No. 3 of the petitioner's S. S. L. C. Book in which the petitioner is described as 'Christian - Paraya'. The petitioner got himself converted from Christianity to Hinduism. The formal ceremonies of conversion including the performance of Sudhi was conducted by the Araya Samaj, which is evidenced by Ext. P7. The petitioner's conversion to Hinduism and consequent change of name was published in the Kerala Gazette dated 29th July. 1980. Ext. P10 is the certificate dated 5--8-1980 issued by the All Kerala Hindu Sambhava Mahasabha, in proof of the fact that he was accepted as a member of the Paraya Caste. Ext. P11 is a certificate issued by the Kerala Scheduled Castes and Scheduled Tribes Welfare Trust, showing that the petitioner became a shareholder in that Trust. Ext. P12 is the certificate issued by an Ext. M. P. belonging to Paraya Hindu Caste testifying to the petitioner's case of conversion and acceptance of the petitioner as a Paraya Caste Hindu. Ext. P13 is a memo dated 16-9-1980 by which the petitioner was directed to appear in person before the Firka Revenue Inspector, Pidavoor, for an enquiry. He appeared before the Firka Revenue Inspector. Enquiries were made. Ext. P2 select list followed. Then he filed Ext. P14 representation. Ext. P15 is a G. O. issued by the Government of Kerala, giving the guidelines as to when on reconversion to Hinduism a person can be said to belong to the scheduled caste. The petitioner prays for a declaration from this Court that he belongs to the scheduled caste -- Paraya - Hindu caste and for a writ of mandamus directing the respondents to give him admission to the Medical College for the M. B. B. S. course for the year 1980-81 and for other consequential reliefs.

(3.) The respondents in their counter affidavits admit that the petitioner's paternal grandfather was a Paraya - Hindu and that the petitioner and his father are born Christians. According to the respondents, the entries in the petitioner's S. S. L. C. Book that he is a Christian - Paraya is made only for the purpose of securing benefits available to the backward communities regarding fee concession etc. The conversion of the petitioner immediately before his application for admission to the M. B. B. S. course will not, according to the respondents, confer on him the status as a scheduled caste. Under Ext. P15 G O. persons who are converted will have to establish that they have been accepted by the caste as one among them. The other members of his family are still continuing as Christians He has not established how he has been accepted by the members of the Caste as one among them. Exts. P10, P11 and P 2, which came into existence just before his application for admission to the M. B. B. S. course do not satisfy the requirements of Ext. P15 G. O. They are of recent origin and have been made designedly for the purpose of admission to the M. B. B. S. course