KUNJAMMA ALEX Vs. PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) When a Syrian Catholic girl marries a Latin Catholic boy, does the girl become a Latin Catholic No, says the Kerala Public Service Commission and in this it is echoing the voice of the State Government. An answer to this question is called for in this case. This question has assumed relevance because 'Latin Catholic' is a backward class for the purpose of service under the State, while 'Syrian Catholic' does not belong to the backward class.

(2.) Dr. Kunjamma Alex, the petitioner here, applied to the Kerala Public Service Commission for recruitment to the post of Assistant Surgeon in the department of Health services. This was in December 1976. Dr. Kunjamma was born in the Syrian Catholic Community. She married Dr. Alex, a Latin Catholic. When she applied for the post of Assistant Surgeon, she supported her claim to be a Latin Catholic by production of a certificate (Ext. P1) issued by the Tahsildar, Kodungallur. The petitioner is said to have been successful in the interview conduced by the Commission on 20-11-1977. Her name found a place in the supplementary rank list of Latin Catholic candidates selected for the post of Assistant Surgeons. Naturally the petitioner was awaiting advice. But then she was served with a memo dated 27-7-1978 issued by the Commission asking her to show cause why her name should not be removed from the rank list and why she should not be debarred permanently from applying for any post. She explained her position to the Commission. It was true that her S.S.L.C. book showed that she was a Syrian Catholic. Born as such she continued to be a Syrian Catholic till she married Dr. Alex on 30th December, 1970. She was married in the St. Michel's Church at Kottappuram which was a Latin Catholic church and the marriage was according to Latin rites. The petitioner is said to have become a member of the parish of St. Michel's Church according to church regulations. The parish priest of the Church Fr. David Vadachery issued a certificate to the petitioner evidencing her marriage in the Latin Church and the fact of her belonging to the Latin Catholic Parish after her marriage. The certificate was also produced by Dr. Kunjamma along with her explanation before the Commission. But the Commission was not satisfied, though there appears to have been no further enquiry by the Commission. The Commission seems to have taken the view that caste cannot be changed by marriage. Consequently the inclusion in the rank list was cancelled. It was this order dated 8-9-1978 passed by the Commission that is challenged by the petitioner in this petition. Though this order does not make mention of any advice of the Government for the view taken by the Commission, along with the counter affidavit of the Commission a Government letter Ext. R1 containing such advice is produced. This is not a letter which is. of particular application to the facts here. The Government expressed the view therein that a Hindu who embraces Christianity after her marriage with a person belonging to the Latin Catholic community cannot belong to that community for the purpose of reservation. The Government cites a passage from a purported decision of a court. The passage reads "The caste is a social combination, the members of which are enlisted by birth and not by enrolment". The citation is shown as 1891 ILR 599. In the absence of reference to the specific court the citation is unintelligible, and despite diligent efforts by the counsel on both sides the citation remains unidentified. The passage quoted is, on the face of it, of no application to a case such as the one here since the case is not concerned with a change of caste much less with any enrolment. If the Government letter had been read carefully with a view to arrive at an independent judgment it would have been obvious to the Public Service Commission that it was of no guidance, much less of any authority. Ext. P5 communication from the Commission does not indicate any independent decision based on other materials available for assessment. It is not contended in this Court that there were materials other than Ext. R1 letter from the Government available to the Commission to enable it to arrive at its decision as it did in Ext. P5.

(3.) I shall now examine the question independently. In this State, with a record of high literacy, and an equally significant record of unemployment among the educated, for appointments to civil service reservation is a matter of great consequence. It secures to the candidates entitled to its benefit considerable advantage in the scramble for appointment. Naturally therefore it would be the attempt of any candidate to seek the benefit of the rule of reservation if he could possibly bring his case within it. Whatever may be the view this Court may ultimately take on the claim by the petitioner it cannot be denied that the claim is made in good faith. There is no case that Dr. Kunjamma married Dr. Alex so that she may get the benefit of Rule of Reservation for Latin Catholics. I would even say that even if Dr. Kunjamma had that intent when she married Dr. Alex that cannot be said to be a wrong intent. Now that the petitioner has married a Latin Catholic in a Latin Catholic church under Latin rites and is said to have become a member of a Latin parish, could it be said that she cannot, nevertheless, claim to be a Latin Catholic In other words is it the law that a Syrian Catholic taking a Latin Catholic husband and living with him in his parish can under no circumstances and at no time become a Latin Catholic