P PATHIMA MARY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner prays for a Certiorarified Mandamus to call for the records relating to the Order dated 12.12.1996 issued by the third respondent, to quash the same and to consequently direct the respondents to declare the petitioner as belonging to Scheduled Caste. The petitioner prays for a Certiorarified Mandamus to call for the records relating to the Order dated 12.12.1996 issued by the third respondent, to quash the same and to consequently direct the respondents to declare the petitioner as belonging to Scheduled Caste.

(2.) The petitioner contends that the Tahsildar of Karaikal had refused to issue a certificate in favour of the petitioner as belonging to Scheduled Caste inspite of disclosing the previous certificates to that effect. The petitioner is employed as an Assistant Employment Officer and the certificates issued by the Tahsildar, Kariakal as well as School records show that she belongs to Scheduled Caste Community. Her father's name is Panneerselvam and she was named as Fathiama Mary as her parents wanted to name her after the shrine at Velanganni, which is worshipped by people belonging to all religions. As early as 15.3.1971, she also obtained Secondary School Leaving Certificate which shows that she belongs to Harijan Commun ity. On 22.6.1979, the Deputy Tahsildar, Karaikal had also issued a Certificate showing the petitioner as belonging to Scheduled Caste. The Deputy Tahsildar was the appropriate authority to issue the said Certificate at that point of time.

(3.) The petitioner further states that she was married to one Mr. Anthonisamy on 19.9.1982 at Kariakal. Though her husband is a Christian, she has not changed her religion to Christianity. She continues to be a Hindu. In 1995, she was required to submit a fresh Community Certificate by the Department in which she was employed. Therefore, she had applied to the Tahsildar, Karaikal on 7.2.1995 with all the requisite particulars of earliers Certificates. However, there was delay in issuing the Certificate inspite of reminders being sent. In the mean time, she obtained Community Certificate dated 10.10.1996 from the Tahsildar, Nannilam. However, the Tahsildar at Karaikal had issued a letter on 12.12.1996 declining to issue the Certificate on the ground that after enquiry it was found that the petitioner did not profess Hindu or Sikh religion and hence the above Writ Petition.