Disposed

Anagha John v. State of Kerala

Kerala HC15 Jul 2022WP(C)/6303/2022

Case brief

AI extract

What is this about?

Petitioners challenged their community status determination. The bench held that factual disputes regarding Hindu to Christian conversion cannot be resolved in writ proceedings. The petition was disposed of directing the First Respondent to file an application under the 1996 Act and the Third Respondent to decide within three months.

What did the court decide?

Writ petition disposed of; petitioners directed to file application under Section 8 of the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996.

Anagha John Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2022)

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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 V.G.ARUN

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FRIDAY, THE 15TH DAY OF JULY 2022 / 24TH ASHADHA, 1944

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WP(C) NO. 6303 OF 2022

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PETITIONER/S:

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1 ANAGHA JOHN AGED 18 YEARS

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D/O. JOHN.K.J., KALLOOR KIZHEKKETHIL, VAZHAMUTTOM EAST,
VAZHAMUTTOM P.O., PATHANAMTHITTA-689 646

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2 KAVITHA K.S. AGED 46 YEARS

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W/O. JOHN.K.J., KALLOOR KIZHEKKETHIL, VAZHAMUTTOM EAST,
VAZHAMUTTOM P.O., PATHANAMTHITTA-689 646

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BY ADVS.
RESHMI JACOB
BOBY THOMAS
PRIYADARSINI VINCENT

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

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2 COMMISSIONER OF ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001

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3 CONVENER, SCREENING COMMITTEE,COMMISSIONER OF ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001

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4 DIRECTOR, VIGILANCE CELL, DIRECTORATE OF KIRTADS, CHEVAYUR, KOZHIKODE-673 017

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5 THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, ADOOR, PATHANAMTHITTA-691 523

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6 TAHASILDAR,

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KONNI TALUK OFFICE, 2ND FLOOR, MINI CIVIL STATION,
KONNY, PATHANAMTHITTA-689 691

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OTHER PRESENT:

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SRI. RAJEEV JYOTHISH GEORGE -GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 6303 OF 2022

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JUDGMENT Dated this the 15^th day of July, 2022

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The issued involved herein is regarding the

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community status of the petitioners. While the petitioners assert that they belong to the Hindu Sambava Community which is a Scheduled Caste, officials of the respondents hold that the petitioners have converted to Christianity and are following the christian way of life.

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Having heard the learned Counsel for the petitioners and the learned Special Government Pleader, I find that the disputed question of fact involved cannot be resolved in proceedings under Article 226 of the Constitution of India. Therefore, it is for the petitioners to make an appropriate application under the provisions of the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996.

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Learned Counsel for the petitioners submit that the petitioners are willing to follow such procedure, but there may be a direction to the committee to take a

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WP(C) NO. 6303 OF 2022

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decision at the earliest.

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The Writ petition is accordingly disposed of, permitting the petitioners to submit an application under Section 8 of the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996. On such application being filed, the third respondent shall direct the Scrutiny Committee to take appropriate decision thereon within three months.

Sd/-

V.G.ARUN JUDGE

RK

WP(C) NO. 6303 OF 2022

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APPENDIX OF WP(C) 6303/2022

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PETITIONER EXHIBITS

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`Exhibit P1`	`TRUE COPY OF THE ANTHROPOLOGICAL` `ENQUIRY REPORT OF THE 4TH RESPONDENT` `DATED 06.10.2021`
`Exhibit P2`	`TRUE COPY OF THE PROCEEDINGS OF THE` `SCREENING COMMITTEE, THE 3RD RESPONDENT` `DATED 05.11.2021`
`Exhibit P3`	`TRUE COPY OF THE OBJECTION FILED BY 2ND` `PETITIONER DATED 25.10.2021`
`Exhibit P4`	`TRUE COPY OF THE CANDIDATES DATA SHEET` `WITH APPLICATION NUMBER 5107701`
`Exhibit P5`	`TRUE COPY OF THE COMMUNICATION OF THE` `3RD RESPONDENT DATED 01.09.2021`
`Exhibit P6`	`TRUE COPY OF THE FRONT PAGE OF THE SSLC` `BOOK ISSUED BY THE ST.GEORGE MOUNT HIGH` `SCHOOL, KAIPATOOR`
`Exhibit P7`	`TRUE COPY OF THE CERTIFICATE ISSUED BY` `SECRETARY OF SAMBAVA MAHASABHA,` `KAIPATTOOR BRANCH NO.68 DATED` `05.07.2021`
`Exhibit P8`	`TRUE COPY OF THE COMMUNITY CERTIFICATE` `ISSUED BY THE 6TH RESPONDENT DATED` `16.06.2017`
`Exhibit P9`	`TRUE COPY OF THE MARRIAGE CERTIFICATE` `ISSUED BY THE MARRIAGE OFFICER,` `PATHANAMTHITTA`
`Exhibit P10`	`TRUE COPY OF THE GO (MS)` `NO.109/2008/SCSTDD DATED 20.11.2008`
`Exhibit P11`	`TRUE COPY OF THE MEDICAL RECORDS ISSUED` `BY REGIONAL CANCER CENTRE,` `THIRUVANANTHAPURAM ALONG WITH THE` `TREATMENT CERTIFICATES OF THE 2ND` `PETITIONER`
`Exhibit P12`	`TRUE COPY OF THE EXTRACT OF ADMISSION` `REGISTER OF GOVERNMENT LOWER PRIMARY` `SCHOOL, ANGADICAL`
`Exhibit P13`	`TRUE COPY OF THE GOVERNMENT ORDER (MS)` `NO.25/2005 /SCSTDD DATED 20.6.2005`
`Exhibit P14`	`TRUE COPY OF THE IDENTIFICATION/`

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WP(C) NO. 6303 OF 2022

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5

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MONITORING CARD ISSUED TO THE 2ND
PETITIONER UNDER THE INDIRA AVAS YOGANA
SCHEME OF KONNI BLOCK PANCHAYAT
Exhibit P15TRUE COPY OF THE FAMILY EMPLOYMENT CARD
ISSUED IN THE NAME OF THE 2ND
PETITIONER UNDER THE NATIONAL RURAL
EMPLOYMENT GUARANTEE SCHEME (KERALA)
Exhibit P16TRUE COPY OF GO (P) NO.1/2021/PIE & MD
DATED 07.10.2021
Exhibit P17TRUE COPY OF THE LETTER ISSUED BY THE
PARISH PRIEST, ST IGNATIUS ORTHODOX
MAHAEDAVAKA, KAIPATTOOR DATE 16.06.2021
Exhibit P18RUE COPY OF THE SSLC CERTIFICATE OF THE
1ST PETITIONER
Exhibit P19TRUE COPY OF THE ORDER PASSED BY THE
RDO, 5TH RESPONDENT VIDE ORDER NO.B5-
299391/21 DATED 27.12.2021

Anagha John v. State of Kerala

Case brief

What is this about?

What did the court decide?

Anagha John v. State of Kerala

Case brief

What is this about?

What did the court decide?

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