Service Matters -(SC/ST) even if only of the parents belongs to the SC/ST community- Hon'ble High Court of Kerala.

 Case Title: Rebeka Mathai v. State of Kerala & Ors.,

Case Details: WP(C) NO. 27063 of 2019.

Citation: 2023 LiveLaw (Ker) 330 

Hon'ble High Court of Kerala at Ernakulam has held that a child can be considered as belonging to a scheduled caste or scheduled tribe (SC/ST) even if only of the parents belongs to the same SC/ST community so long as they have suffered disability socially, economically, and educationally.-PARA 5.

Case before Hon'ble Court: Writ petition was filed challenging Exts.P7, P12, P14 and P15 and for a declaration that the petitioner belongs to the Paniya caste and is entitled to all the benefits of Paniya caste and for issuance of a community certificate.

Case of Petitioner: Petitioner is a B.Com student at Vimala College, Thrissur. She belongs to 'Paniya' community, which is a recognised Scheduled Tribe community as per Second Schedule to the Constitution (Scheduled Tribes) Order, 1950. Relevant pages of the same produced as Ext.P1, would show that Paniya community is included as Serial No.33 in the Second Schedule. The petitioner was born in Paniya community and was raised, following the tribal traditions with all the disadvantages attached to the tribe. The petitioner was residing at Nenmani, Sultan Bathery inside the Govindamala Tribal colony.

The father of the petitioner belongs to Orthodox Syrian Christian Community. Theirs was a love marriage and the petitioner was born out of an inter-caste marriage. The petitioner's parents were in fact excommunicated by the petitioner's paternal relatives and had no cordial relationship with them ever since their marriage. The petitioner, being a child of an inter-caste marriage and petitioner's mother being from the Paniya tribe, she and her family were never accepted by her paternal side of the family and was raised as a part of and within the cultural bounds of the Paniya Tribe and this has resulted in them being discriminated socially as well as culturally and has contributed to their socio-economic backwardness. -PARA-2.

Case of Respondents : Petitioner has suppressed relevant facts. The paternal kinsmen of the petitioner are the members of Orthodox Syrian Christian community. The maternal grand father of the petitioner belongs to Christian community, converted from Pulaya community which is not enlisted in the Scheduled Caste list of Kerala. Certificate of Burial of grandfather of the petitioner issued by the Parish Priest of St. Thomas Jacobite Syrian Christian Church Malankarakunnu, Sulthan Bathery clearly indicates that till the death of the petitioner's maternal grandfather, he had been following Christianity in all his rites de passages. The maternal grandmother of the petitioner Ammini Mariyam claims that she belongs to Scheduled Tribe (Paniya) Community and she was baptized at St.Thomas Jacobite Syrian Christian Church, Malankarakunnu, Sulthan Bathery.

It is also stated that the maternal grandmother of the petitioner also converted to Christianity after marriage and was absorbed by the cultural settings of Christian converted from Pulaya fold. In the school records, the petitioner's mother's name is 2023:KER:39057 W.P.(C). No.27063 of 2019 : 10 : recorded as 'Ammini and caste is entered as 'Christian Jacobite. From the genealogical proforma of the petitioner it is established that all her maternal kinsmen were married to members other than Scheduled Tribe Paniya converted to Christian community. Therefore, it is evident from the petitioner's mother's generation that they were away from the cultural background of Scheduled Tribe Christian Paniya community. From the marriage of the parents of the petitioner, the cultural belief of her mother deviated to Orthodox Christian, as the father of the petitioner belongs to said community. The petitioner's younger brother was baptized in the family church, ie., St.Mary's Orthodox Syrian Valiyapally, Onakoor, Piravom and her paternal family actively participated in all these rites. Therefore, the cultural values and ethos accumulated and socialization process accomplished by the petitioner are largely borrowed from the paternal side. It is also stated that Ext.P2 certificate issued by the Tribal Extension Officer, Sulthan Bathery cannot be considered as a valid document to prove the petitioner's Paniya claim. Ext.P3 Community Certificate issued by the Tahsildar to the mother of the petitioner is also without conducting proper enquiry. KIRTADS is the Expert Agency and the authority competent to conduct enquiry into the caste status of a 2023:KER:39057 W.P.(C). No.27063 of 2019 : 11 : person. Even if the petitioner and her sibling were born at Sulthan Bathery, they were brought up at Piravom, Ernakulam at their father's place and they had their schooling at Piravom. -PARA-3.

Judgment Of Hon'ble Court with reasoning : Going by the decision in Indira v. State of Kerala [AIR 2023:KER:39057 W.P.(C). No.27063 of 2019 : 13 : 2006 KER 1], even if one of the parent belonging to Scheduled Caste/Scheduled Tribe community, the child is entitled for the benefit of the said community, but the crucial aspect to be considered is as to whether the claimant has suffered disability socially, economically and educationally and the society has accepted the claimant to their original fold as one among them and is living in the same social tenet.

A perusal of the report clearly shows that the KIRTADS proceeded on the basis of the general statements that generally in case of inter-caste marriage, the socialization process of the offspring of such couples is more attached to the high ranked father.

In view of the above, I am of the opinion that the report has been prepared without adverting to the relevant facts and circumstances of the particular case. The Scrutiny Committee as well as the Government has accepted the report in toto without adverting to the objections raised by the petitioner...

Taking all theses aspects into consideration, I am of the opinion that Exts.P12 and P14 reports by the 2nd respondent has been finalised without adverting to the crucial and relevant facts and without conducting a proper enquiry. Therefore, the said report as well as the 2023:KER:39057 W.P.(C). No.27063 of 2019 : 16 : consequential order passed by the Scrutiny Committee as well as the Government are liable to be interfered with. Therefore, Exts. P7, P12, P14, P15 and P17 are set aside with a direction to the 2nd respondent to reconsider the matter and submit a report, after affording an opportunity of being heard to the petitioner and after conducting a proper enquiry in the matter. The petitioner will be free to submit argument notes producing all the relevant documents in support of her claim that she belongs to the Scheduled Tribe community, Paniya. The Scrutiny Committee and the 1st respondent State shall issue further orders in this regard after receipt of the report to be submitted by the 2nd respondent as directed above after affording reasonable opportunity to the petitioner for a hearing. The proceedings as directed above shall be finalised at the earliest, at any rate, within an outer limit of six months from the date receipt of a copy of this judgment. -PARA 5.

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