This disposal order concerns a writ petition seeking issuance of a community certificate for a minor for higher secondary admission. The court noted the conflicting stance regarding inter-caste marriage offspring benefits and directed the petitioners to approach the Scrutiny Committee.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
TUESDAY, THE 19TH DAY OF JUNE 2012/29TH JYAISHTA 1934
WP(C).No. 12455 of 2012 (F)
PETITIONER(S):
1. BIBI ISSAC, S/O.E.J. ISSAC, AGED 55 YEARS, EANTHUNKAL HOUSE, MELUKAVUMATTOM P.O.,
MEENACHIL TALUK, KOTTAYAM DISTRICT-686 652.
2. IBINE BIBI, AGED 15 YEARS, (MINOR), S/O.BIBI ISAAC EANTHUNKAL HOUSE, MELUKAVUMATTOM P.O., MEENACHIL TALUK, KOTTAYAM DISTRICT, RERESENTED IN THESE PROCEEDINGS BY HIS FATHER AND GUARDIAN BIBI ISSAC, S/O.E.J. ISSAC, AGED 55 YEARS, EANTHUNKAL HOUSE, MELUKAVUMATTOM P.O., MEENACHIL TALUK, KOTTAYAM DISTRICT-686 652.
BY ADVS. SRI.K.S.HARIHARAPUTHRAN,
SRI.M.D.SASIKUMARAN, SRI.GEORGE MATHEW, SRI.DIPU JAMES, SRI.K.P.UNNIKRISHNAN (ELOOR).
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, SCHEDULED CASTE & SCHEDULED TRIBE
DEVELOPMENT DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM.
2. THE REVENUE DIVISIONAL OFFICER, MINI CIVIL STATION, PALA- 686 574.
3. THE TAHSILDAR, MEENACHIL TALUK,
4. THE VILLAGE OFFICER, MELUKAVU,
5. KIRTHADS,
REPRESENTED BY ITS DIRECTOR, KOZHIKODE.
R1 TO R4 BY GOVT. PLEADER MR.MUHAMMED SHAH.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 12455 of 2012 (F)
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT-P1 – TRUE COPY OF THE ADMISSION REGISTER DTD. 08.04.1974. EXHIBIT-P2 - TRUE COPY OF THE CERTIFICATE NO.16740/50/01 DTD.12.10.2001. EXHIBIT-P3 - TRUE COPY OF THE CERTIFICATE NO.C9.9626/2005 DT.28.06.2005 EXHIBIT-P4 - TRUE COPY OF THE S.S.S.L.C EXAMINATIONS 2012. EXHIBIT-P5 - TRUE COPY OF THE ORDER NO.M.C9.5202/10/12DT.23.05.2012. EXHIBIT-P6 – TRUE COPY OF THE ORDER DT.23.03.2010 IN WP(C) NO.9661 OF 2010. EXHIBIT-P7 - TRUE COPY OF THE CERTIFICATE NO.C.C.20/5/2012 DTD. 26.05.2012.
EXHIBIT-P8- TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE ISSUED BY THE GENERAL EDUCATION DEPARTMENT.
EXHIBIT-P9- TRUE COPY OF THE ORDER NO.A2-2144/2012-L DATED 08/06/2012. EXHIBIT-P10- TRUE COPY OF THE ORDER DATED 16/07/2007 IN W.P.(C)NO. 21446/2007.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.A. TO JUDGE
rs.
T.R. RAMACHANDRAN NAIR, J.
--------------------------------------W.P.(C) No.12455 OF 2012
Dated this the 19th day of June, 2012.
J U D G M E N T
The 1st petitioner is the father and the 2nd petitioner is his
son. The matter concerns the claim of the petitioners for issuance of community certificate for getting admission to the 2nd petitioner for higher secondary course. The petitioners claim
that they belong to Scheduled Tribe Malai Arayan community and various documents namely, Exts.P1 to P4 have been produced in support of the same.
W.P.(C) No.12455/2012
2
1st petitioner's family.
Without prejudice to the right of the petitioners to approach the Scrutiny Committee, this writ petition is disposed of. It is made clear that I have not considered the matter on merits.
T.R. RAMACHANDRAN NAIR JUDGE
smp
Bibi Issac and Others
State of Kerala and Others
T.R. Ramachandran Nair
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
