RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Writ petition Nos. 24227 and 15059 of 2004 are placed before us on a reference by Justice K. M. Joseph doubting the correctness of the judgments in OP 15506/2003, OP 39151/2002, OP 19195/2000 and OP 12640/2002 wherein this Court had directed the Tahsildar to issue non creamy layer certificates provisionally showing they belong to Christian Parava Community in some cases as Christian Bharatha Community. Writ petitions were preferred since the Tahsildar had refused to issue certificates stating that they belong to Christian Parava Community.

(2.) Petitioners submit that they belong to 'Christian Parava' Community and their ancestors belonged to the 'Parava' or 'Bharatha' Community, which are Scheduled Castes in the State of Kerala. For the purpose of employment, they wanted the community certificate showing that they belong to 'Christian Parava' or 'Bharatha' Community. Petitioners submit on refusal to issue such a certificate, they lost their chance to apply to various posts while similarly persons obtained certificates as requested for based on the entry in the SSLC Book. They also state that the third respondent deleted the petitioners name from the rank list in respect of last grade servants in Malappuram District in various Government Departments for non production of non creamy layer caste certificate of Christian Parava. Under such circumstance petitioners and similarly placed persons have approached this Court seeking a writ of mandamus directing the Tahsildar to issue non creamy layer caste certificate of Christian Parava. To prove their caste, petitioners mainly relied on the SSLC certificate and submitted that in the absence of any other reliable evidence, Tahsildar should have placed reliance on the SSLC Certificate and issued a certificate as requested.

(3.) Detailed counter affidavit has been filed on behalf of second respondent stating that the enquiry revealed that the petitioner and his family belongs to Christian Latin Catholic Community and the parents of the petitioner made a false declaration while admitting the petitioners in the school to the effect that they belong to the Christian Parava Community and thereby there occurred false entries as Christian Parava in the SSLC Books. Further, it is also stated that it is for the petitioners to produce sufficient proof with regard to the caste status at the time of local enquiry. But the petitioners failed to produce sufficient material except SSLC Book so as to prove that they belong to Christian Parava. Further it is also stated that enquiry revealed that the parents of the petitioner also originally belonged to Christian Latin Catholic Community and they are not Scheduled Caste converts as claimed.