Dismissed

Vijithkumar.M.G. v. State of Kerala

Kerala HC25 Feb 2016WP(C)/849/2008

Case brief

AI extract

What is this about?

The Court held that the petitioner's caste certificate is not finally settled and must be determined by the competent Authority after conducting an enquiry. Petitioner was directed to approach the Scrutiny Committee within one month.

What did the court decide?

Petitioner directed to approach Scrutiny Committee within one month to determine caste status; existing certificate subject to Committee's decision.

Vijithkumar.M.G. Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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THURSDAY, THE 25TH DAY OF FEBRUARY 2016/6TH PHALGUNA, 1937

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WP(C).No. 849 of 2008 (A)

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PETITIONER:

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VIJITHKUMAR.M.G.,(MINOR) MUKKATHUKARI, POOTHOTTA P.O., ERNAKULAM - 682 307, REPRESENTED BY HIS MOTHER AND GUARDIAN, M.P.GEETHA.

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BY ADVS.SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM.

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2. THE TAHSILDAR,

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KANAYANOOR, ERNAKULAM - 682 011.

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3. THE TRIBAL DEVELOPMENT OFFICER, TRIBAL DEVELOPMENT OFFICE, MUVATTUPUZHA.

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BY GOVERNMENT PLEADER SRI.K.JAYAKUMAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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WP(C).No. 849 of 2008 (A)

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXT. P1 :	TRUE COPY OF THE RELEVANT PAGE OF SSLC BOOK OF THE PETITIONER.
EXT. P2 :	TRUE COPY OF THE CASTE CERTIFICATE DATED 13.10.98 ISSUED BY THE 2ND RESPONDENT.
EXT. P3 :	TRUE COPY OF THE CASTE CERTIFICATE DATED 11.6.97 ISSUED BY THE 2ND RESPONDENT.
EXT. P4 :	TRUE COPY OF THE CERTIFICATE DATED 8.3.2006 ISSUED BY THE PRINCIPAL, K.P.M.V.H.S.S, POOTHOTTA.
EXT. P5 :	TRUE COPY OF THE LETTER NO.3556/07 DATED 13.11.07 ISSUED BY THE 3RD RESPONDENT.

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RESPONDENTS' EXHIBITS: NIL.

//TRUE COPY//

P.S. TO JUDGE

mbr/

A. MUHAMED MUSTAQUE, J.

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------------------------------------------------------W.P.(C).No. 849 of 2008

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------------------------------------------------------Dated this the 25^th day of February, 2016

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JUDGMENT

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The petitioner’s father belongs to Hindu Dheevara and the

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mother belongs to Mala Araya (SC) Community.

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The petitioner submits that he is born and brought up

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as a community member of Mala Araya and therefore, he is entitled for caste certificate as Mala Araya. The petitioner was

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given a caste certificate pursuant to the interim directions of

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this Court.

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This Court is of the view that the petitioner's caste certificate finally, has to be determined by the Authority after conducting an enquiry. Therefore, the petitioner has to determine the caste certificate by competent authority.

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This Court is of the view that the petitioner shall approach Scrutiny Committee constituted under Section 8 of

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the Kerala (Scheduled Castes and Scheduled Tribes) Regulation

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W.P.(C).No. 849 of 2008 -2-

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of Issue of Community Certificates Act (Act 11 of 1996). This shall be done within a period of one month from the date of receipt of a copy of this judgment. Thereafter, the Scrutiny Committee shall conduct an enquiry to determine the caste status in accordance with law, within a further period of six months.

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In view of the above, the caste certificate already issued to the petitioner would be subject result of the decision of the Scrutiny Committee. It is made clear that if the petitioner fails to move the Scrutiny Committee as above, the caste certificate issued showing the petitioner is a member of Mala Araya Community would stand forfeited.

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The writ petition is disposed of as above.

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Sd/-

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A. MUHAMED MUSTAQUE JUDGE

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bpr

Vijithkumar.M.G. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Vijithkumar.M.G. v. State of Kerala

Case brief

What is this about?

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