S BRIGIDA Vs. DISTRICT VIGILANCE COMMITTEE

JUDGEMENT

(1.) THE petitioner claims to belong to "Christian Illuvar" Community. She obtained Community Certificate from the Zonal Deputy Tahsildar on 22.09.1999. She applied for joining the MBBS Course. She was selected and given a seat under the Backward Class quota. At the time of counseling, the Selection Committee members raised a query regarding her caste, i.e. 'Christian Pillai', which did not contain the sub-caste, viz., "Christian Pillai Illuvar". In spite of production of the community certificate, she was not given a seat. Hence, she filed W.P.No.13158 of 2000, which was allowed and she was permitted to join the College and pursue her studies.

(2.) THE 1st respondent issued a notice, calling upon the petitioner to show cause as to why her community certificate shall not be cancelled. When she appeared for the enquiry, she was asked to produce the service particulars of her father as well as her mother. Her father was a retired Ex-serviceman and her mother was a State Government employee. She produced her mother's SSLC certificate and service book, which showed that she belongs to 'Illuva' Caste. She also produced her father's brother's son's community certificate to the effect that he belongs to Backward community of 'Illathu Pillaimar'. In G.O.Ms.No.28, BC & MBCW.Dept.dated 19.07.1994 and G.O.Ms.No.100, BC & MBCW(BCC Dept) dated 24.11.1997, item 35 shows that 'Illathu Pilliamar' and 'Illuvar' castes come under Backward class. THE petitioner could not produce copies of community certificate of her father's family because the marriage of her parents was an inter-caste one. THE Committee, before whom she appeared, cancelled her certificate holding that 'Christian Pillaimar' caste is a Forward Class community and therefore, she is not entitled to have the Backward Class Community Certificate. THEreafter, she filed an appeal before the 2nd respondent. THE 2nd respondent also rejected her case and, therefore, the petitioner is before us.

(3.) FURTHER, the learned Special Government Pleader would specifically point out that paragraph 3(5) of the impugned order shows that when the petitioner first applied, she declared in her application form that she belonged to 'Christian Pillai', which is a Forward Class Community and it is only when her application was rejected, she had declared her community as Backward class. The Special Government Pleader also referred to a representation made by the petitioner before the Chairman, State Review Committee, wherein it is clearly shown that the appellant belongs to Christianity.