SC Woman can’t be denied Caste Certificate for merely marrying a Christian, rules Kerala HC

SC Woman can't be denied Caste Certificate for merely marrying a Christian, rules Kerala HC

The Kerala High Court ruled that SC Woman cannot be denied Caste Certificate for merely marrying a Christian.

Background 

After acquiring the requisite qualifications, the petitioner applied for the post of Lower Primary School Teacher. The petitioner performed well in the written examination and she has been shortlisted for the post. On being asked to upload the caste certificate on the website of the respondent, which was received by the petitioner by way of an SMS, the petitioner approached the Village Officer through the Akshaya Center and submitted an online application for obtaining the certificate. The petitioner was directed to approach the Village Officer, Ezhukone and the records submitted by the petitioner was forwarded to the Village Officer, Kottarakkara. Since there was undue delay in issuing the certificate, she approached the Taluk Office, Kottarakkara. According to the petitioner, the Tahsildar refused to issue the certificate on the ground that the petitioner had married a person belonging to the Christian community.

Arguments 

The petitioner contended that the Ministry of Home Affairs, Government of India have issued a Circular to all the Chief Secretaries of the State Governments and Union Territory Administration. In circular, it has been stated in emphatic terms that a person who is a member of a Scheduled Caste or a Scheduled Tribe would continue to be a member of that of Scheduled Caste or Scheduled Tribe, as the case may be, even after his or her marriage with a person who does not belong to a Scheduled Caste or a Scheduled Tribe.

Nisha Bose, Senior Government Pleader, argued that the application of the petitioner was rejected on the ground that the applicant and her family had embraced Christianity.

Decision 

The single judge bench of Justice Raja Vijayaraghavan V noted that the Presidential notification issued under Article 341 shows that members of the Hindu-Kuravan community are entitled to be treated as Scheduled Caste.

The court said that since the petitioner was born as a Hindu Kuravan, there was no justification on the part of the respondents in rejecting the application on the ground that she had married a person belonging to the Christian community.

The court directed the competent among respondents to consider the request made by the petitioner and issue the community certificate as prayed for, within a week from the date of receipt of a copy of the judgment.

Case title: Jyothsna v/s Kerala Public Service Commission

Citation: WP(C) NO. 22994 OF 2021  

Click here to read the Order/Judgment

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