Dinya Mathew vs State of Kerala

Type Court Judgment Court Kerala Decided Aug 18, 2023

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Citation: sooperkanoon.com/1374334
Court: Kerala High Court
Judge: Honourable Mr.Justice Basant Balaji
Decided On: Aug 18, 2023
Case Number: WP(C)/22862/2023

Parties & Advocates

Appellant / Petitioner

Dinya Mathew

Respondent

State of Kerala

Excerpt

.....the petitioners obtained degree from m.g. universities. when the 1st petitioner applied for b.ed. course during 2013, her application was rejected under the reservation of st community for the reason that she is following roman catholic community orders.4. later, by ext.p7 proceedings of the scrutiny committee for verification of community certificates, anorder was issued on 19.10.2022, wherein it was decided tocancel all certificates issued to the first petitioner by the competent authority and directed to communicate before the appropriate authority under the relevant provisions of act 11 of 1996. followed by ext.p7, the first respondent issued ext.p7(a) declaring that the 1st petitioner was not entitled tothe benefit of st community of malayaraya and the said orderhas become final.5. the petitioners thereafter, filed ext.nos.p8 and p9representations on 23.6.2023 before the 2nd respondent requesting to do the needful correction in ext.nos.p1 and p2 ssl certificates, correcting the community from christian malayaraya to roman catholic.6. the learned counsel for the petitioners submits that the representations are still pending, and therefore a direction may be given to the 2nd respondent to pass orders on ext.p8 and p9.7. the learned government pleader, on the other hand,submits that if ext.nos.p8 and p9 representations are pending without any orders, the same will be disposed of within a reasonable time. accordingly, the writ petition is disposed of directing the 2nd respondent to take up ext.nos.p8 and p9 representations and pass orders, as soon as possible and at any rate, within a period of two months from the date of receipt of a copy of this month.sd/- basant balaji, judge dl/ appendix of wp(c) 22862/2023 petitioner exhibits exhibit p1 true copy of the ssl certificate of the 1st petitioner bearing no.d no.343524, with register no.494463. exhibit p2 true copy of the ssl certificate (failed) issued to the 2nd petitioner, bearing no.685353, with register.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI FRIDAY, THE 18TH DAY OF AUGUST 2023 / 27TH SRAVANA, 1945 WP(C) NO. 22862 OF 2023 PETITIONER/S: 1 DINYA MATHEW AGED 35 YEARS D/O. M.M. MATHEW, PULIYAMMAKKAL HOUSE, PADICUP P.O., IRUMPUPALAM, IDUKKI DISTRICT., PIN - 685561 2 DEEPA MATHEW AGED 37 YEARS D/O. M.M. MATHEW, PULIYAMMAKKAL HOUSE, PADICUP P.O., IRUMPUPALAM, IDUKKI DISTRICT., PIN - 685561 BY ADVS. BABU JOSEPH KURUVATHAZHA HRISHIKRISHNAN MOHAMMED SHAFI.K ARCHANA K.S. RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, SCHEDULED CASTES SCHEDULED TRIBES DEVELOPMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPUM., PIN - 695001 2 SECRETARY KERALA BOARD OF PUBLIC EXAMINATIONS, POOJAPURA, THIRUVANANTHAPURAM., PIN - 695012 OTHER PRESENT: GP V. VENUGOPAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

(Dated this the 18th day of August 2023) The petitioners are sisters. Their father belonged to Christian -malayaraya community, which is a Scheduled Tribe community, but their mother belonged to Roman Catholic Community.

2. It is the case of petitioners that they were following

the customs and customary practices of the community of their father community, i.e., Malayaraya community, since the father left them 20 years ago, they were forced to join the community of their mother i.e, Roman Catholic.

3. Ext.Nos.P1 and P2 were secondary school leaving

certificates (SSLC) issued by the Government of Kerala which show the community of the petitioners as Chrisitan Mala- yaraya. Later the petitioners obtained degree from M.G. universities. When the 1st petitioner applied for B.Ed. course during 2013, her application was rejected under the reservation of ST community for the reason that she is following Roman Catholic community orders.

4. Later, by Ext.P7 proceedings of the Scrutiny Committee for Verification of Community Certificates, an

order was issued on 19.10.2022, wherein it was decided to

cancel all certificates issued to the first petitioner by the competent authority and directed to communicate before the appropriate authority under the relevant provisions of Act 11 of 1996. Followed by Ext.P7, the first respondent issued Ext.P7(a) declaring that the 1st petitioner was not entitled to

the benefit of ST Community of Malayaraya and the said order

has become final.

5. The petitioners thereafter, filed Ext.Nos.P8 and P9

representations on 23.6.2023 before the 2nd respondent requesting to do the needful correction in Ext.Nos.P1 and P2 SSL Certificates, correcting the community from Christian malayaraya to Roman Catholic.

6. The learned counsel for the petitioners submits that the representations are still pending, and therefore a direction may be given to the 2nd respondent to pass orders on Ext.P8 and P9.

7. The learned Government Pleader, on the other hand,

submits that if Ext.Nos.P8 and P9 representations are pending without any orders, the same will be disposed of within a reasonable time. Accordingly, the Writ Petition is disposed of directing the 2nd respondent to take up Ext.Nos.P8 and P9 representations and pass orders, as soon as possible and at any rate, within a period of two months from the date of receipt of a copy of this month.

SD/- BASANT BALAJI, JUDGE dl/ APPENDIX OF WP(C) 22862/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SSL CERTIFICATE OF THE 1ST PETITIONER BEARING NO.D NO.343524, WITH REGISTER NO.494463. Exhibit P2 TRUE COPY OF THE SSL CERTIFICATE (FAILED) ISSUED TO THE 2ND PETITIONER, BEARING NO.685353, WITH REGISTER NO.114903. Exhibit P2(a) TRUE COPY OF THE SSLC EXAMINATION RESULT OF THE 2ND PETITIONER WITH REGISTER NO.641348. Exhibit P3 TRUE COPY OF THE DEGREE CERTIFICATE DATED 22.5.2012 ISSUED BY THE MAHATMA GANDHI UNIVERSITY TO THE 1ST PETITIONER. Exhibit P4 TRUE COPY OF THE POST GRADUATION CERTIFICATE DATED 10.10.2017 ISSUED BY THE MAHATMA GANDHI UNIVERSITY TO THE 1ST PETITIONER. Exhibit P5 TRUE COPY OF THE DEGREE CERTIFICATE DATED 29.11.2008 ISSUED BY THE MAHATMA GANDHI UNIVERSITY TO THE 2ND PETITIONER. Exhibit P6 TRUE COPY OF THE POST GRADUATION CERTIFICATE DATED 15.11.2016 ISSUED BY THE MAHATMA GANDHI UNIVERSITY TO THE 2ND PETITIONER. Exhibit P7 TRUE COPY OF THE ORDER NO.3934327/G3/2019/SCSTDD

DATED 19.10.2022 ISSUED BY THE CHAIRMAN, SCRUTINY COMMITTEE FOR VERIFICATION OF COMMUNITY CERTIFICATES, THIRUVANANTHAPURAM.

Exhibit P7(a) TRUE COPY OF G.O.(MS) NO.53/2022/SCSTDD DATED 7.12.2022 ISSUED BY THE 1ST RESPONDENT. Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 23.6.2023 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT. Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 23.6.2023 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT.

Same Court & Year Kerala · 2023 Same Parties Dinya Mathew vs State of Kerala Same Judge Honourable Mr.Justice Basant Balaji