SHEEBA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is stated to belong to 'Pulaya Community' has approached this Court impugning Ext.P6 order, whereby, her application for a Community Certificate in favour of her minor daughter, as belonging to the said community, has been rejected on the ground that her husband belongs to the Christian community and that he has not converted himself into Hinduism until now.

(2.) The petitioner asserts that as is evident from Exts.P3 and P4, her daughter grew up as part of the Pulaya Community, suffering all attended prejudices and rigour; and that this is manifest from the fact that she was given such Certificate earlier, certifying that she belongs to the said community, as evident from Ext.P2. She says that, however, when it came to the application made by her for the purpose of Education of her daughter, it has been rejected through Ext.P6; and therefore, that it is illegal and unlawful.

(3.) Smt.Bhadra Kumari - learned counsel for the petitioner, submitted that the findings in Ext.P6, that her client's daughter has not suffered any prejudice - though not stated specifically but whisperingly - is factually untenable and incorrect particularly because, they belong to a very low financial strata, with her husband virtually bedridden and unable to work for himself. She added that the reasons stated in Ext.P6, that her client's husband has not converted to Hinduism, is totally untenable, very uncharitable and beyond the ambit of any of the Government Orders; and hence prayed that it be set aside.