MATHAI, K. C. Vs. COMMISSIONER OF ENTRANCE EXAMINATIONS

JUDGEMENT

(1.) We have perused the record and heard the learned Counsel for the appellent as well as the learned Special Government Pleader. In our view, this appeal can be disposed of very shortly.

(2.) By Government Order dated 23rd March 1961, with a view to encouraging inter caste marriages, the State Government ordered that children born of inter caste marriages would be allowed all educational concessions given to Scheduled Castes / Scheduled Tribes provided either the father or mother belongs to a Scheduled Caste or Scheduled Tribe community. The Kerala Public Service Commission requested for a clarification as to whether the children born out of parents one of whom is a Scheduled Caste or Scheduled Tribe should be treated as belonging to either mother's community or father's community. After examining all the aspects of the case, by Government Order dated 25th January 1977, Government of Kerala ordered that, principle enunciated in the G. O. dated 23rd March 1961 would be adopted for determining the caste status of the children born of such inter caste 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 belong to that community.

(3.) The second appellant has produced Ext. P - 2 certificate dated 18th March, 2001 from the Tahsildar, Devikulam, Idukki stating that the appellant is the son of an inter caste marriage couple, that his father Mathai, K. C. belongs to Christian Jacobite community and his mother Mercy belongs to Christian Malai Arayan community. On the strength of this certificate, the second appellant applied for admission to professional degree course in a seat reserved for Scheduled Tribe. The case of the second appellant was investigated by the Vigilance Cell of KIRTADS who has filed a report dated 5th June 2001, Ext. P - 4. The proceedings of the Commissioner for Entrance Examination, by order dated 10th August 2001 at Ext. P - 5, specifically considered the case of the second appellant as well as the report made by the Vigilance Officer, KIRTADS. The order states that, the genealogical analysis has revealed that the candidate's father belong to Christian Jacobite community which admittedly is not a Scheduled Tribe community. The candidate's mother is an offspring of Christian parents having two distinct communities, her father a Christian Malai Arayan and her mother a Christian Marthomite. Therefore, the candidate's mother, as per G.O. dated 25th January 1977 can only be treated as belonging to Scheduled Tribe.