Disposed

Emmanual Paul v. the State of Kerala

Kerala HC3 Apr 2025WP(C)/24137/2019

Case brief

AI extract

What is this about?

Writ petitions seeking Community/Caste Certificates showing religion and caste as 'Christian Bharatha'. The Court disposed of them on the same terms as its judgment in WP(C) No.12592 of 2019: KIRTADS to conduct an enquiry into the petitioners' claim after they submit evidence, decide in accordance with law, with interim orders made absolute.

What did the court decide?

Directions in the earlier judgment govern these petitioners; KIRTADS to enquire into Bharatha Christian claim; interim orders made absolute.

Emmanual Paul Vs the State of Kerala — Kerala HC (2025) — LawSathi Research

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WP(C) Nos.14749,17341 & 24137 OF 2019

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2025:KER:28857

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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 MOHAMMED NIAS C.P.

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THURSDAY, THE 3^rd DAY OF APRIL 2025 / 13TH CHAITHRA, 1947

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WP(C) NO. 14749 OF 2019

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PETITIONER/S:

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PRINCY A. (MINOR). AGED 17 YEARS

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REPRESENTED BY HER MOTHER AND GUARDIAN

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SMT.KOCHUTHRESIA, W/O.ANTONY S., AGED 44 YEARS, SLUM COLONY, MOOTHAKKARA, KOLLAM-691013, NOW RESIDING AT TRINITY HOUSE, MUTHIRAVILA VADAKKETHIL, MAHILIL P.O., KOLLAM-691601.

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BY ADV B.MOHANLAL

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RESPONDENT/S:

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STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, SC/ST 1 DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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THE TAHSILDAR,

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2 TALUK OFFICE, KOLLAM-691001.

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THE VILLAGE OFFICER,

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3 THRIKKADAVOOR VILLAGE, KUREEPUZHA P.O., KOLLAM-691601.

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4 THE KERALA INSTITUTE FOR RESEARCH TRAINING AND DEVELOPMENT STUDIES OF SCHEDULED CASTES AND SCHEDULED TRIBES (KIRTADS), DIRECTORATE OF KIRTADS, CHEVAYUR, KOZHIKKODE-673017.

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WP(C) Nos.14749,17341 & 24137 OF 2019

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2025:KER:28857

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THE COMMISSIONER OF ENTRANCE EXAMINATIONS KEAM-2019, HOUSING BOARD BUILDINGS, SHANTHI NAGAR, THIRUVANANTHAPURAM-695 001 (CORRECTED) THE ADDRESS OF THE 5TH RESPONDENT CORRECTED AS ''THE UNIVERSITY OF 5 KERALA, REPRESENTED BY ITS REGISTRAR, PALAYAM, THIRUVANANTHAPURAM- 695 033'') AS PER ORDER DATED 31/05/2019 IN IA 01/2019)

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SMT.SURYA BINOY, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, ALONG WITH WP(C).17341/2019, 24137/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) Nos.14749,17341 & 24137 OF 2019

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2025:KER:28857

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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 MOHAMMED NIAS C.P.

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THURSDAY, THE 3^rd DAY OF APRIL 2025 / 13TH CHAITHRA, 1947

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WP(C) NO. 17341 OF 2019

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PETITIONER/S:

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MARY FESALITA M, AGED 20 YEARS

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D/O.FLORA, INFANT JESUS NAGAR, KADAPPURAM PURAMBOKE, MOOTHAKKARA, KOLLAM WEST VILLAGE, CUTCHERRY.P.O., KOLLAM-691013.

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BY ADV B.MOHANLAL

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RESPONDENT/S:

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STATE OF KERALA,

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REPRESENTED BY THE PRINCIPAL SECRETARY, SC/ST

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1 DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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THE TAHSILDAR,

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2 TALUK OFFICE, KOLLAM-691001.

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THE VILLAGE OFFICER, 3 KOLLAM WEST VILLAGE, KOLLAM-691001.

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THE KERALA INSTITUTE OF RESEARCH TRAINING AND DEVELOPMENT STUDIES OF SCHEDULED CASTES

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4 AND SCHEDULED TRIBES (KIRTADS), DIRECTORATE OF KIRTADS, CHEVAYUR, KOZHIKKODE-673017.

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WP(C) Nos.14749,17341 & 24137 OF 2019

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2025:KER:28857

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THE UNIVERSITY OF KERALA, REPRESENTED BY REGISTRAR, UNIVERSITY BUILDINGS, 5 PALAYAM, THIRUVANANTHAPURAM-695033.

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BY ADV SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA

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SMT.SURYA BINOY, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, ALONG WITH WP(C).14749/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) Nos.14749,17341 & 24137 OF 2019

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2025:KER:28857

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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 MOHAMMED NIAS C.P.

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THURSDAY, THE 3^rd DAY OF APRIL 2025 / 13TH CHAITHRA, 1947

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WP(C) NO. 24137 OF 2019

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PETITIONER/S:

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EMMANUAL PAUL AGED 24 YEARS

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S/O PAUL.D,RESIDING AT ST.XAVIER,ST.XAVIER NAGAR,CHINNAKAD,KOLLAM-691001.

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BY ADV S.SREEKUMAR (KOLLAM)

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RESPONDENT/S:

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THE STATE OF KERALA

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REPRESENTED BY THE PRINCIPAL SECRETARY,SC/ST 1 DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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THE TAHSILDAR,

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2 TALUK OFFICE,KOLLAM-691001.

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THE VILLAGE OFFICER,

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3 KOLLAM WEST VILLAGE,KOLLAM-691001.

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4 THE KERALA INSTITUTE FOR RESEARCH TRAINING AND DEVELOPMENT STUDIES OF SCHEDULED CASTES AND SCHEDULED TRIBES(KIRTADS)DIRECTORATE OF KIRTAD, CHEVAYUR,KOZHIKODE-673017.

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WP(C) Nos.14749,17341 & 24137 OF 2019

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2025:KER:28857

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THE PRINCIPAL, BISHOP JEROME INSTITUTE,FATHIMA COLLEGE ROAD, 5 KOLLAM-691001.

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THE UNIVERSITY OF KERALA, REPRESENTED BY THE REGISTRAR, SENATE HOUSE 6 CAMPUS,PALAYAM, THIRUVANANTHAPURAM-695034.

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BY ADV SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA

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SRI. DHEERAJ A.S., GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, ALONG WITH WP(C).14749/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) Nos.14749,17341 & 24137 OF 2019

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2025:KER:28857

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MOHAMMED NIAS C. P. , J.

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………………………………………… .

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W. P. (C) No. 14749, 17341 & 24137 OF 2019

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……………………………………………… .

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Dated this the 03^rd day of April, 2025

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J U D G M E N T

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These writ petitions are filed seeking a direction to the 2nd

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respondent to issue a Community/Caste Certificate to the petitioners.

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An interim order was passed directing the 2^nd and 3^rd respondents to

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provisionally issue a non-creamy layer certificate to the petitioners

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showing the religion and caste as 'Christian Bharatha'.

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The learned counsel appearing for both sides submits that

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the issue is covered by the judgment of this Court in WPC No.12592 of

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2019 and connected cases dated 17^th December 2021, which was

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disposed of in the following manner:-

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“Therefore, these writ petitions are disposed of in the following manner:

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The 5^th respondent – KIRTADS in WP(C) No.4527 of 2020 is directed to conduct an enquiry as it deem fit regarding the claim of the petitioners in these cases that they are Bharatha Christians.

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The petitioners are free to submit their evidences and

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WP(C) Nos.14749,17341 & 24137 OF 2019

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documents supporting their claim before the KIRTADS, within one month from the date of receipt of a copy of this judgment.

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The KIRTADS, after conducting the enquiry, in accordance to law and after perusing the documents which are to be produced by the petitioners, will decide the matter in accordance to law, as expeditiously as possible.

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Till final orders are passed by the KIRTADS, the status-quo as far as the petitioners in all these batch of cases will continue.”

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These writ petitions are also disposed of on similar lines by

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ordering that the directions in the above judgment will govern the

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petitioners herein as well. The interim orders granted by this Court in

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these cases are made absolute.

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MOHAMMED NIAS C.P., JUDGE

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WP(C) Nos.14749,17341 & 24137 OF 2019

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APPENDIX OF WP(C) 17341/2019

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PETITIONER EXHIBITS

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THE TRUE COPY OF THE RELEVANT PAGES OF THE S.S.L.C.CERTIFICATE OF THE PETITIONER EXHIBIT P1 OBTAINED FROM THE SECRETARY BOARD OF PUBLIC EXAMINATIONS, THIRUVANANTHAPURAM.

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THE TRUE COPY OF THE RELEVANT PAGES OF THE S.S.L.C CERTIFICATE OF THE PETITIONER'S BROTHER FEBIN M. OBTAINED FROM SECRETARY, EXHIBIT P2 BOARD OF PUBLIC EXAMINATIONS, THIRUVANANTHAPURAM.

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THE TRUE COPY OF THE EXTRACT OF THE ADMISSION OF THE PETITIONER'S FATHER SRI.MELKIS.R. EXHIBIT P3 OBTAINED FROM ST.ANTONY'S U.P.S., VADDY, KOLLAM.

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THE TRUE COPY OF THE RELEVANT PAGES OF THE S.S.L.C. CERTIFICATE OF THE PETITIONER'S MOTHER SMT.FLORA.S. OBTAINED FROM SECRETARY, EXHIBIT P4 BOARD OF PUBLIC EXAMINATIONS, THIRUVANANTHAPURAM.

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THE TRUE COPY OF THE ORDER NO.5189/03/07A&RDD DATED 16.8.1967 ISSUED BY THE EXHIBIT P5 GOVERNMENT.

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THE TRUE COPY OF THE JUDGMENT DATED 15.3.1985 EXHIBIT P6 IN O.P.NO.25/1985 OF THIS HON'BLE COURT.

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THE TRUE COPY OF THE RELEVANT PAGES OF THE EXHIBIT P7 BOOK, THE PEOPLE OF INDIA.

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THE TRUE COPY OF THE G.O.(P)NO.46/2007/SCST DD DATED 25.8.2007 ISSUED BY THE 1ST EXHIBIT P8 RESPONDENT.

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WP(C) Nos.14749,17341 & 24137 OF 2019

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THE TRUE COPY OF THE OTHER ELIGIBLE COMMUNITIES ISSUED BY THE GOVERNMENT AS PER EXHIBIT P9 G.O.(P)NO.46/2007/SCST DD DATED 25.8.2007.

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THE TRUE COPY OF THE DETAILS OF THE APPLICATION AND ADMISSION DETAILS OF THE EXHIBIT P10 PETITIONER OBTAINED FROM THE WEBSITE PORTAL OF THE 5TH RESPONDENT.

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THE TRUE COPY OF THE ANTHROPOLOGICAL REPORT NO.V.767/2016/SC-6 ISSUED BY THE 4TH EXHIBIT P11 RESPONDENT.

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EXHIBIT P12

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THE TRUE COPY OF THE INTERIM ORDER DATED 12.6.2019 IN WPC.NO.15953/2019 OF THIS HON'BLE COURT.

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2025:KER:28857

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WP(C) Nos.14749,17341 & 24137 OF 2019

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APPENDIX OF WP(C) 24137/2019

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PETITIONER EXHIBITS

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A TRUE COPY OF THE EXTRACT OF THE ADMISSION REGISTER OF THE PETITIONER'S FATHER ISSUED BY EXHIBIT P1 HEADMISTRESS,GOVERNMENT MODEL HS FOR BOYS,KOLLAM

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A TRUE COPY OF THE SSLC CERTIFICATE OF THE EXHIBIT P2 PETITIONER.

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EXHIBIT P3

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THE TRUE COPY OF THE STATEMENT OF MARKS OF B.COM DEGREE OF THE PETITIONER ISSUED BY THE MADURAI KAMARAJ UNIVERSITY

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A TRUE COPY OF THE ORDER DATED 16.08.1967

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EXHIBIT P4

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A TRUE COPY OF THE JUDGMENT IN EXHIBIT P5 O.P.NO.25/1985,DATED 15.03.1985

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THE TRUE COPY OF THE RELEVANT PAGES OF THE "PEOPLE OF INDIA,IN THE BOOK "ANTHRROPOLOGY EXHIBIT P6 SURVEY OF INDIA"

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A TRUE COPY OF THE GOVERNMENT ORDER EXHIBIT P7 G.O(P)NO.46/2007/SC/ST,DATED 25.08.2007

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A TRUE COPY OF THE LIST OF OTHER ELIBLE EXHIBIT P8 COMMUNITY ISSUED BY THE GOVERNMENT

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THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND EXHIBIT P9 RESPONDENT,DATED 26.07.2019

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THE TRUE COPY OF THE INTERIM ORDER IN EXHIBIT P10 WP(C)NO.15953/2019 OF THE HON'BLE HIGH COURT.

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2025:KER:28857

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WP(C) Nos.14749,17341 & 24137 OF 2019

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APPENDIX OF WP(C) 14749/2019

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PETITIONER EXHIBITS

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THE TRUE COPY OF THE S.S.L.C. CERTIFICATE OF THE PETITIONER OBTAINED FROM THE SECRETARY, EXHIBIT P1 BOARD OF PUBLIC EXAMINATIONS, THIRUVANANTHAPURAM.

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THE TRUE COPY OF THE CASTE/COMMUNITY CERTIFICATE NO.1640/2006 DATED 12.03.2006 EXHIBIT P2 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

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THE TRUE COPY OF THE S.S.L.C. CERTIFICATE OF THE PETITIONER'S FATHER SRI.ANTONY S. EXHIBIT P3 OBTAINED FROM ST.ALOSYIOUS H.S.S., KOLLAM.

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THE TRUE COPY OF THE ADMISSION EXTRACT OF THE PETITIONER'S FATHER'S ELDER BROTHER EXHIBIT P4 SRI.JOSEPH S. OBTAINED FROM ST. ALOSYIOUS H.S.S., KOLLAM.

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EXHIBIT P5

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THE TRUE COPY OF THE S.S.L.C. CERTIFICATE OF THE PETITIONER'S FATHER'S BROTHER SRI.PAUL S. OBTAINED FROM ST. ALOSYIOUS H.S., KOLLAM.

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EXHIBIT P6

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THE TRUE COPY OF THE ORDER NO.5189/03/07A&RDD DATED 16.8.1967 ISSUED BY THE GOVERNMENT.

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THE TRUE COPY OF THE JUDGMENT DATED 15.3.1985 EXHIBIT P7 IN O.P.NO.25/1985 OF THIS HON'BLE COURT.

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THE TRUE COPY OF THE RELEVANT PAGES OF THE EXHIBIT P8 BOOK, THE PEOPLE OF INDIA.

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THE TRUE COPY OF THE G.O.(P) NO.46/2007/SCST DD DATED 25.08.2007 ISSUED BY THE 1ST EXHIBIT P9 RESPONDENT.

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WP(C) Nos.14749,17341 & 24137 OF 2019

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EXHIBIT P10

THE TRUE COPY OF THE OTHER ELIGIBLE COMMUNITIES ISSUED BY THE GOVERNMENT AS PER G.O.(P) NO.46/2007/SCST DD DATED 28.05.2007.

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THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER THROUGH ONLINE FOR DEGREE EXHIBIT P11 COURSE IN THE KERALA UNIVERSITY BEFORE THE 5TH RESPONDENT.

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THE TRUE COPY OF THE ANTHROPOLOGICAL REPORT NO.V.767/2016/SC-6 ISSUED BY THE 4TH EXHIBIT P12 RESPONDENT.

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EXHIBIT P13

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THE TRUE COPY OF THE INTERIM ORDER DATED 07.03.2019 IN W.P.(C) NO.6838/2019 OF THIS HON'BLE COURT.

Emmanual Paul v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Emmanual Paul v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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