S. PAUL RAJ Vs. TAHSILDAR METTUR TALUK

JUDGEMENT

(1.) The petitioner possesses the educational qualification of Bachelor of Electrical and Electronics Engineering. The petitioner belongs to Christian Adi-Dravida. The 1st respondent has given a community certificate to the petitioner as Backward Class as per G.O.Ms.1564, Social Welfare Department dtd. 30/7/1985. The petitioner married one girl, namely, G.Amutha, who studied up to Master of Physical Education. She belongs to Hindu Arunthathiyar community. The marriage between the petitioner and the said Amutha was solemnized on 2/3/2009 at Thippi Reddy Thirumana Mandapam, Kolathur Mettur (Taluk), Salem District. The wife of the petitioner was given the Community Certificate as Scheduled Caste as per SI.No.5 of SC/ST (Amendment) Act, 1976.

(2.) Under these circumstances, the petitioner relying on G.O.Ms.No.188, Personnel and Administrative Reforms (Personnel-P) Department dtd. 28/12/1976, has submitted an application for grant of inter-caste marriage certificate for the purpose of availing the benefits of priority in public employments.

(3.) The learned counsel for the petitioner relied on the said G.O.Ms.No.188 dtd. 28/12/1976 and contended that the Government Order says that "Where one of the spouses belongs to SC/ST, then inter- caste marriage certificate has to be issued in favour of the petitioner. In the present case, the petitioner was issued with the community certificate as 'Backward Caste' and his wife was issued with the community certificate as 'Scheduled Caste' and therefore, it is an inter-caste marriage and accordingly, the petitioner is entitled to get inter-caste marriage certificate for the purpose of availing the benefits including priority in public employment.