Caste Certificate - Ancestors are Hindu Pulaya Community - Grand father embraced Christianity - Appellant re embraced Hindu Pulaya Community -Akhila Bharata Ayyappa Seva Sangham granted certificate as Hindu Pulaya Community - applied to the Tahasildar - Tahasildar issued certificate - Basing on the certificate he obtained job - on enquiry order for removal from service - and order for recovery of 15 lakhs - enquiry committee held that though converted to Hinduism - but married to Christian - not professing Hinduism - Challenged - the High Court has accepted the report of the Scrutiny Committee constituted under the Kerala (Scheduled
Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996 (for short "the Act") wherein the caste certificate granted in favour of K.P. Manu, the appellant herein, had been cancelled. - Apex court held that the judgment in S. Swvigaradoss (supra), as far as the second principle is concerned, is per incuriam.- As far as the marriage and leading of Hindu life are concerned, we are of the convinced opinion that, in the
instant case, it really cannot be allowed to make any difference.
The community which is a recognised organisation by the State Government, has granted the certificate in categorical terms in favour of the appellant.It is the community which has the final say as far as acceptance is concerned, for it accepts the person, on reconversion, and takes him within its fold. Therefore, we are inclined to hold that the appellant after
reconversion had come within the fold of the community and thereby became a
member of the scheduled caste. Had the community expelled him the matter
would have been different. The acceptance is in continuum. Ergo, the reasonings ascribed by the Scrutiny Committee which have been concurred
with by the High Court are wholly unsustainable. Consequently, the appeal is allowed and the judgment and order of the High Court, findings of the Scrutiny Committee and the orders passed by the State Government and the second respondent are set aside. The appellant
shall be reinstated in service forthwith with all the benefits relating to seniority and his caste, and shall also be paid backwages upto 75% within eight weeks from today. - 2015 S.C.msklawreports
Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996 (for short "the Act") wherein the caste certificate granted in favour of K.P. Manu, the appellant herein, had been cancelled. - Apex court held that the judgment in S. Swvigaradoss (supra), as far as the second principle is concerned, is per incuriam.- As far as the marriage and leading of Hindu life are concerned, we are of the convinced opinion that, in the
instant case, it really cannot be allowed to make any difference.
The community which is a recognised organisation by the State Government, has granted the certificate in categorical terms in favour of the appellant.It is the community which has the final say as far as acceptance is concerned, for it accepts the person, on reconversion, and takes him within its fold. Therefore, we are inclined to hold that the appellant after
reconversion had come within the fold of the community and thereby became a
member of the scheduled caste. Had the community expelled him the matter
would have been different. The acceptance is in continuum. Ergo, the reasonings ascribed by the Scrutiny Committee which have been concurred
with by the High Court are wholly unsustainable. Consequently, the appeal is allowed and the judgment and order of the High Court, findings of the Scrutiny Committee and the orders passed by the State Government and the second respondent are set aside. The appellant
shall be reinstated in service forthwith with all the benefits relating to seniority and his caste, and shall also be paid backwages upto 75% within eight weeks from today. - 2015 S.C.msklawreports
