RAJEENA Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners' mother belongs to Ezhava Community and the father to Vannan Community, which is a Scheduled Caste under the constitution (Scheduled Caste) Order, 1950. It is the case of the petitioners that they were brought up as members of the Vannan Community and are also living in their father's ancestral house with other paternal family members. THE petitioners' father obtained a caste certificate (Ext. P1) from the additional Tahsildar, Taliparamba, stating that he belongs to Vannan Community, which is recognised as a Scheduled Caste under the Constitution (Scheduled caste) Order, 1950. THE school records of the petitioners, including their SSLC certificates, however, show them as members of Ezhava Community, which is recognised as Other Backward Community (OBC ). THE petitioners have applied for various posts under the State Government and claimed posts reserved for scheduled Caste candidates, by seeking the benefit of Government Order, G. O. (MS) No. 11/77/dd dated 25. 1. 1977 at Ext. P2. In the meanwhile, the Vigilance officer of the Directorate of KIRTADS made a report dated 24. 9. 1999 holding that as the petitioners' mother belongs to Ezhava Community, though the father belongs to Vannan Community, recognised as a Scheduled Caste, the petitioners' application for correcting their caste status should be rejected. According to him, the caste name shown in the SSLC books of the petitioners as "ezhava (OBC), Ezhava and Ezhavan" respectively was proper. THE matter was, thereafter, considered by the Scrutiny Committee. THE Scrutiny Committee by order dated 10. 11. 2000 accepted the view taken by the Vigilance Officer and held that the petitioners do not belong to 'vannan'-Scheduled Caste. THE application made by the petitioners for correction of their caste entries in their school records from 'ezhava-OBC' to 'vannan-Scheduled Caste' was rejected. Being aggrieved thereby, the petitioners are before this Court.

(2.) THE learned counsel for the petitioners places strong reliance on the Government Order dated 25. 1. 1977 issued by the Government of kerala. It is necessary to quote the Government Order in full to understand its importance. THE Government Order reads as under: "in the G. O. read as 1st paper, Government with a view to encouraging intercaste marriage, ordered that children born of intercaste marriages will be allowed all educational concessions given to scheduled Caste or Scheduled Tribe Communities provided either the father or mother belongs to a Scheduled Caste or Scheduled Tribe Community. In the letter read as fourth paper, the Kerala Public service Commission has requested for a clarification whether the children born of parents one of whom is a member of the Scheduled Caste/scheduled Tribe community may be treated as belonging to either the mother's community or the father's community. After examining all aspects of the case, Government Order that the principle enunciated in the G. O. read as 1st paper above will be adopted for determining the caste of the children born of intercaste marriage for all purposes, according to which the children will be treated as belonging to Scheduled Caste or Scheduled Tribe Community, if either of the parents belongs to that community. " THE learned counsel for the petitioners contends that the reason for issuing this Government Order was that doubts had arisen whether the children of intercaste marriage, where one of the parents belongs to Scheduled caste/scheduled Tribe and other does not, could claim the status of belonging to Scheduled Caste/scheduled Tribe. By a Government Order dated 23. 3. 1961, the state Government had ordered that children born of such intercaste marriage would be allowed all educational concessions given to Scheduled Caste or scheduled Tribe Communities provided one of the parents belongs to Scheduled caste or Scheduled Tribe. THE Kerala Public Service Commission raised a further doubt as to whether the children of such intercaste marriage may be treated as belonging to either the mother's community or the father's community. To put the matter at rest, the Government of Kerala issued Government Order dated 25. 1. 1977 at Ext. P2. After careful consideration of all facts, the State government ordered that the principle enunciated in the Government Order dated 23. 3. 1961 would be adopted for determining the caste of the children born of intercaste marriage "for all purposes, according to which the children will be treated as belonging to Scheduled Caste or Scheduled Tribe Community, if either of the parents belongs to that community". In view of this categorical decision taken by the State Government by order dated 25. 1. 1977 (Ext. P2), counsel for the petitioners contends that neither the Vigilance Officer, nor the Scrutiny Committee was right in taking the view that the petitioners do not belong to a Scheduled Caste.

(3.) IN the result, we set aside the order of the Vigilance officer at Ext. P3 and the order of the Scrutiny Committee at Ext. P10 and direct that the petitioners' records may be corrected as "vannan-belonging to Scheduled Caste/scheduled Tribe" by reason of the Government order dated 25. 1. 1977. It is open to the respondents to make a specific mention of it while correcting the records. Writ Petition is allowed. No order as to costs. . .