Hari Mohan, vs State of Kerala,

Type Court Judgment Court Kerala Decided Mar 16, 2023

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Citation: sooperkanoon.com/1370543
Court: Kerala High Court
Judge: Honourable Mr. Justice a.Muhamed Mustaque,Honourable Mrs. Justice Shoba Annamma Eapen
Decided On: Mar 16, 2023
Case Number: WA/1127/2021

Parties & Advocates

Appellant / Petitioner

Hari Mohan,

Respondent

State of Kerala,

Excerpt

..... the anthropological report and the files of thescrutiny committee noted that their father is a business man and their mother is an agricultural officer and endorsed the view of the authorities that writ petitioners had not faced social backwardness as normally faced by the members belong to the scheduled caste community.3. we note that the competent authority made the facts findings based on proper inquiry ..6.. and materials and they are of definite view thatthe appellants have not suffered any social backwardness. there is nothing on record to discredit the fact findings as above. therefore,the appeal filed by hari mohan is to be dismissed for the said reason. accordingly, dismissed. however, we note that vishnu mohan had completed the course long before the cancellationof certificate issued to him. even if his admission was found irregular, the degree obtained by him cannot be cancelled at this distance of time. the irreversible act pursuantto irregular admission cannot be set at naught after the completion of course. the prospective nature of cancellation can only prevent him from enjoying the benefit of caste status in future. we note that while passing the impugned order in the writ petition filed by vishnu mohan, those aspect had not been adverted to the completion of ..7..the course by him. therefore, we make it clear that the degree obtained by him cannot be cancelled, even though his admission was irregular. the appeal filed by vishnu mohan isallowed in part as above. sd/- a.muhamed mustaque judge sd/- shoba annamma eapen judge pr

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN THURSDAY, THE 16TH DAY OF MARCH 2023 / 25TH PHALGUNA, 1944 WA NO. 627 OF 2021 AGAINST THE JUDGMENT DATED 15.03.2021 IN WP(C) 20787/2019 OF HIGH COURT OF KERALA APPELLANT/PETITIONER: VISHNU MOHAN, AGED 24 YEARS, S/O.J.MOHANANAN, VISHNU BHAVAN, YEROOR P.O., YEROOR VILLAGE, PUNALUR TALUK, KOLLAM DISTRICT, PIN - 691 312. BY ADVS. SUBHASH CYRIAC SRI.S.SREEJITH (K/838/2010) SHEEBA JOSEPH G.SHRIKUMAR (SR.) RESPONDENTS/RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, THIRUVANANTHAPURAM, KERALA - 695 001. 2 THE SCHEDULED CASTE SCHEDULED TRIBE DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695
001. REPRESENTED BY ITS SECRETARY.
3 KERALA INSTITUTE FOR RESEARCH TRAINING AND DEVELOPMENT STUDIES FOR SCHEDULED CASTE AND SCHEDULED TRIBE (KIRTDAS), REPRESENTED BY ITS DIRECTOR, DIRECTORATE OF KIRTADS, CHEVAYUR, KOZHIKODE - 673 017. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16.03.2023, ALONG WITH WA.1127/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN THURSDAY, THE 16TH DAY OF MARCH 2023 / 25TH PHALGUNA, 1944 WA NO. 1127 OF 2021 AGAINST THE JUDGMENT DATED 15.03.2021 IN WP(C) 20367/2019 OF HIGH COURT OF KERALA APPELLANT/PETITIONER: HARI MOHAN, AGED 21 YEARS, S/O. J. MOHANANAN, VISHNU BHAVAN, YEROOR P.O., YEROOR VILLAGE, PUNALUR TALUK, KOLLAM DISTRICT-691 312. BY ADVS. SUBHASH CYRIAC SRI..S.SREEJITH (K/838/2010) RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, THIRUVANANTHAPURAM, KERALA-695 001. 2 THE SCRUTINY COMMITTEE FOR VERIFICATION OF COMMUNITY CERTIFICATES, SC/ST (G) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS CHAIRMAN. 3 THE COMMISSIONER OF ENTRANCE EXAMINATIONS KERALA, 5TH FLOOR, HOUSING BOARD, SHANTINAGAR, THIRUVANANTHAPURAM-695001. 4 KERALA INSTITUTE FOR RESEARC, TRAINING AND DEVELOPMENT STUDIES FOR SCHEDULED CASTE AND ..3..
SCHEDULED TRIBE (KIRTADS), REPRESENTED BY ITS DIRECTOR, DIRECTORATE OF KIRTADS, CHEVAYUR, KOZHIKODE-673017. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16.03.2023, ALONG WITH WA.627/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..4..

J U D G M E N T

A. Muhamed Mustaque, J These appeals relate to scheduled caste

status of two siblings.                 Vishnu Mohan, and his
younger    brother      Hari     Mohan       claimed         that    they
belong to Scheduled Caste Velan Community.                          Their
mother    belongs      Scheduled        Caste      Velan     Community

and their father belongs to Nair Community, a Forward Community. Vishnu Mohan got admission to B.VSc. Course under the scheduled caste category pursuant to the common entrance examination in

the year 2015.          He completed the course.                     Hari
Mohan,     the      younger    brother        of    Vishnu        Mohan,
appeared      for    entrance    examination            in    the    year
2018.     He claimed scheduled caste status.                         This
was     rejected.        Consequent          upon       rejection      of
scheduled      caste    status     claimed         by    Hari     Mohan,
caste    certificate       issued       in    favour         of   Vishnu

..5.. Mohan also has been rejected. Challenging the same, the petitioners have filed two writ petitions before this Court.

2. The learned Single Judge dismissed the

writ petitions. The learned Single Judge was of the view that the caste certificate issued by the society of the scheduled caste community itself cannot be a conclusive proof that they have been

brought       up   as    a    scheduled        caste       member.       The
learned        Single         Judge,         after     perusing          the
Anthropological              Report    and      the    files       of    the

Scrutiny Committee noted that their father is a business man and their mother is an agricultural officer and endorsed the view of the authorities that writ petitioners had not faced social backwardness as normally faced by the members belong to the scheduled caste community.

3. We note that the competent authority made the facts findings based on proper inquiry ..6.. and materials and they are of definite view that

the    appellants      have     not     suffered        any    social
backwardness.         There     is     nothing     on    record       to
discredit the fact findings as above.                    Therefore,

the appeal filed by Hari Mohan is to be dismissed for the said reason. Accordingly, dismissed. However, we note that Vishnu Mohan had completed the course long before the cancellation

of    certificate      issued    to        him.     Even       if    his
admission    was       found     irregular,           the      degree
obtained    by   him    cannot        be    cancelled         at    this
distance of time.        The irreversible act pursuant

to irregular admission cannot be set at naught after the completion of course. The prospective nature of cancellation can only prevent him from enjoying the benefit of caste status in future. We note that while passing the impugned order in the writ petition filed by Vishnu Mohan, those aspect had not been adverted to the completion of ..7..

the course by him.      Therefore, we make it clear
that   the   degree   obtained     by   him      cannot   be
cancelled,     even    though     his   admission         was
irregular.    The appeal filed by Vishnu Mohan is

allowed in part as above. Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- SHOBA ANNAMMA EAPEN JUDGE PR

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