SAPNA JACOB Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner seeks to quash Ext. P13 report and Ext. P20 memo and to issue a writ of mandamus or other appropriate writ, order or direction to the first respondent to keep one seat for admission to Medical/Agricultural Courses 1992-93 in the Scheduled Caste quota.

(2.) The original petition has been filed by Sapna Jacob, a minor girl represented by her mother, who claims to be a member of the Scheduled Caste being a Hindu by religion and Pulaya by caste. Petitioner contends that her mother belongs to Pulaya caste and Hindu religion. Her mother while working as Telephone Operator in the Indian Postal and Telegraphic Department got acquainted with an employee in the same Department who belonged to Christian religion and they got married on 18-11-1973. Petitioner Sapna Jacob and younger brother Tijo Jacob were born in that wedlock. According to the petitioner even after the marriage of the petitioner's mother she continued to be a member of the Hindu religion and has been offering prayers and conducting poojas as a Hindu and the petitioner's mother never changed her religion. Petitioner and her mother were not baptised and they had not converted to Christianity. Petitioner, being a child born on an inter caste marriage between a Scheduled Caste and a non Scheduled Caste, is a member of the Scheduled Caste.

(3.) Along with the original petition the petitioner produced the copy of the S.S.L.C. Book (page 3) and the certificate issued by the Tahsildar, Kannur and also the letter issued by the Vice President, Kerala Harijan Samajam to prove that the petitioner is a member of the Scheduled Caste. The petitioner also relied on Ext. P7 order, issued by the Government of Kerala, in support of her contention that she is a member of the scheduled caste.