JEEVA Vs. UNION OF INDIA; GOVERNMENT OF PUDUCHERRY; CONVENOR CENTRALISED ADMISSION COMMITTEE (CENTAC); TAHSILDAR CUM EXECUTIVE MAGISTRATE TALUK OFFICE OULGARET PUDUCHERRY

JUDGEMENT

(1.) The ignorance of the Tahsildar, Oulgaret, Puducherry, with regard to the legal position regarding issuance of community status certificates to the members of Schedule Caste, compelled the petitioner to knock the doors of this Chartered High Court to render justice.

(2.) The petitioner is a member of Hindu Adi Dravida Community. Her husband was born in an inter-caste marriage. The father-in-law of the petitioner was a Muhammadian. Her mother-in-law belongs to Hindu Adi Dravida Community. The husband of the petitioner and his brothers and sisters practiced Hinduism. The marriage of the petitioner with Thiru.M.Suburayan was solemnized in accordance with Hindu custom in 1997. In the said wedlock, two daughters were born to the petitioner, namely, Miss. Subashini and Miss.Swathi. The children were brought up with Hindu morals, customs and they were recognized as Hindu Adi Dravida by the petitioners, local people and other members of Hindu Adi Dravida Community. The children were admitted in local school at Pondicherry and they were given scholarships meant for Schedule caste students besides fee exemption.

(3.) The elder daughter of the petitioner completed her higher secondary course. Since she wanted to join professional course against seats reserved for schedule caste students, application was submitted by the petitioner for issuance of community certificate. The application was rejected by the 4th respondent solely on the ground that the father-in-law of the petitioner practiced Islam faith. The said order is under challenge in this Writ Petition.