STATE OF KERALA Vs. AMAL KRISHNAN C.V

JUDGEMENT

(1.) The State is in appeal against the judgment dated 17.1.2019, whereby, the learned Single Judge has allowed the W.P.(C).No.28199/2018, by holding that the 1 st petitioner Sri.Amal Krishnan C.V., the son of the 2 nd petitioner Sri.Vivekanandan C.A., belongs to the Padanna Caste, and therefore should be recognised as a Scheduled Caste category person, and deserving of the benefits emanating therefrom.

(2.) The specific case of the petitioners is that the 1 st petitioner's father, Sri.Vivekanandan C.A. belongs to the Hindu Padanna Community, but only because he had contracted inter-caste marriage with a Hindu-Thiyya lady, he is being unfairly excluded from the Scheduled Caste category. Challenging the negative findings of the Kerala Institute for Research, Training and Development Studies of Scheduled Castes and Tribes [KIRTADS] and also the Ext.P19 (Dt.25.6.2018) the proceedings before the Convenor, Screening Committee for conducting Entrance Examination based on the enquiry report of the Vigilance Officer, KIRTADS, the petitioners contended that since the father (2 nd petitioner) was recognised as a Hindu Padanna, and was granted all benefits as a Scheduled Caste category person, the same benefit must necessarily accrue to the son Amal Krishnan C.V. (1st petitioner).

(3.) In support of their contention, the petitioners relied on the Ext.P1 certificate issued by the Kerala Padanna Mahasabha, Ponnani Taluk Central Committee that the marriage of the 2 nd petitioner with the 1 st petitioner's mother was celebrated at the Bride's residence at Eramangalam, adhering to the rituals and rites of the Padanna Community. It was also projected that the father of the 2 nd petitioner (grand father of the 1 st petitioner) is the head priest of the Padanna Community Temple in his area, and he is also the 'oracle', who is also authorised to perform the religious rites, pertaining to the Padanna Community. The petitioners also contended that although the 2 nd petitioner married outside the Community, he was issued a Community Certificate showing him to be from the Padanna community. According to the petitioners, they were subjected to the same social disadvantages suffered by people belonging to the Padanna Community.