The High Court allowed the writ petition making the 2019 interim order absolute. It held that based on a Government Order, children of inter-caste marriages are entitled to Non-Creamy Layer certificates if one parent belongs to a backward community.
The writ petition was allowed by making the interim order dated 29.03.2019 absolute.
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 V.G.ARUN
THURSDAY, THE 02ND DAY OF JULY 2020 / 11TH ASHADHA, 1942
WP(C).No.9812 OF 2019(B)
PETITIONER/S:
ANANTHU.S.ANUP
S/O ANUPKUMAR M.C, ST MARYS HOUSE, PADAPPAKARA, PERAYAM, KOLLAM-691 503 NOW TEMPORARILY RESIDING ST MARYS HOUSE, VRINDAVAN STREET, THRISSUR, CHERUR680 008, REPRESENTED BY MOTHER MARY SHEELA E I W/O ANUPKUMAR M.C AGED 52 ST.MARYS HOUSE, PADAPPAKARA, PERAYAM, KOLLAM-691 503, NOW TEMPORARILY RESIDING ST MARYS HOUSE, VRINDAVAN STREET, THRISSUR, CHERUR-680 008.
BY ADV. SRI.SHERRY J. THOMAS
RESPONDENT/S:
1 THE DISTRICT COLLECTOR KOLLAM, COLLECTORATE, CIVIL STATION ROAD,KOLLAM 691 013.
KOLLAM, VIDYANAGAR,KOLLAM 691 013.
R1 TO 5 BY GP SMT.DEEPA NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.07.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.9812 OF 2019(B) ..2..
JUDGMENT
Dated this the 2nd day of July 2020
The petitioner is born to an inter-caste married
couple. The petitioner's father belongs to Hindu-Nair community and mother, to the Christian-Latin Catholic community. The petitioner had applied for Non-Creamy Layer certificate, which was rejected under Ext.P4(a) on the premise that his father belongs to the forward community. By an interim order dated 29.03.2019, this Court had directed the respondents to issue NonCreamy Layer certificate to the petitioner based on the notification for inter-caste marriages issued by the Government, if the petitioner is otherwise qualified. The issuance of such certificate was made provisional.
WP(C).No.9812 OF 2019(B) ..3..
08.05.2020 wherein it is categorically stated that children born to inter-caste parents would be entitled for Non-Creamy Layer certificate, if one parent is from a backward community. The petitioner's mother being a person belonging to the Latin Catholic community, he is entitled for the Non-Creamy Layer certificate as per the Government Order.
In the result, the writ petition is allowed by making the interim order dated 29.03.2019 absolute.
SB/02/07/2020
Sd/V.G.ARUN JUDGE
WP(C).No.9812 OF 2019(B) ..4..
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE AADHAR CARD OF THE PETITIONER
EXHIBIT P1 A THE TRUE COPY OF THE SSLC BOOK OF THE PETITIONERS FATHER.
EXHIBIT P1 B THE TRUE COPY OF THE SSLC BOOK OF THE PETITIONERS MOTHER
EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATE OF BAPTISM DATED 15.3.2019 ISSUED FROM LATIN CATHOLIC CHURCH-ST.JOSEPHS CHURCH, PADAPPAKARA, KOLLAM
EXHIBIT P3 THE TRUE COPY OF THE CASTE CERTIFICATE DATED 15.5.2017 ISSUED BY RESPONDENT NO 4
EXHIBIT P4 THE SCREENSHOT OF THE SMS IN APPLICATION NO 42055893
EXHIBIT P4 A THE TRUE COPY OF THE REJECTION LETTER DATED 5.3.3019 FROM THE OFFICE OF THE 3RD RESPONDENT
EXHIBIT P5 THE TRUE COPY OF THE SIMILAR LETTER OF 5TH RESPONDENT DATED 23.2.2018
EXHIBIT P6 THE TRUE COPY OF THE ORDER DATED 1.1.2015
EXHIBIT P7 THE TRUE COPY OF THE ORDER DATED 24.4.79
EXHIBIT P8 THE TRUE COPY OF THE JUDGMENT IN WPC NO 17445/2017 DATED 26.5.2017
EXHIBIT P9 THE TRUE COPY OF THE ORDER OF RDO THRISSUR
EXHIBIT P10 THE TRUE COPY OF THE INTERIM ORDER DATED 25.1.2019 IN WPC NO 1608/2019
EXHIBIT P11 THE TRUE COPY OF THE INTERIM ORDER DATED 6.3.2019 IN WPC 6578/2019 // true copy //
P.A to Judge
1 issue framed by the court
whether the petitioner is entitled to a Non-Creamy Layer certificate given parents from an inter-caste marriage where the mother belongs to a backward community.
ANANTHU.S.ANUP
THE DISTRICT COLLECTOR KOLLAM
THE RDO, KOLLAM
THE TAHSILDAR, KOLLAM
VILLAGE OFFICER, PERAYAM
DIRECTOR, BACKWARD CLASSES DEVELOPMENT DEPARTMENT
V.G. ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
