The High Court · 2025

SMT.SURYA BINOY, SR.GP 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: WP(C) Nos.14749,17341 & 24137 OF 2019 3 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 3rd DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 17341 OF 2019 PETITIONER/S: MARY FESALITA M, AGED 20 YEARS D/O.FLORA, INFANT JESUS NAGAR, KADAPPURAM PURAMBOKE, MOOTHAKKARA, KOLLAM WEST VILLAGE, CUTCHERRY.P.O., KOLLAM-691013. BY ADV B.MOHANLAL RESPONDENT/S: STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, SC/ST DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. THE TAHSILDAR, TALUK OFFICE, KOLLAM-691001. THE VILLAGE OFFICER, KOLLAM WEST VILLAGE, KOLLAM-691001. THE KERALA INSTITUTE OF RESEARCH TRAINING AND DEVELOPMENT STUDIES OF SCHEDULED CASTES AND SCHEDULED TRIBES (KIRTADS), DIRECTORATE OF KIRTADS, CHEVAYUR, KOZHIKKODE-673017. 1 2 3 4 WP(C) Nos.14749,17341 & 24137 OF 2019 4 THE UNIVERSITY OF KERALA, REPRESENTED BY REGISTRAR, UNIVERSITY BUILDINGS, PALAYAM, THIRUVANANTHAPURAM-695033. 5 BY ADV SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA SMT.SURYA BINOY, SR.GP 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: WP(C) Nos.14749,17341 & 24137 OF 2019 5 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 3rd DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 24137 OF 2019 PETITIONER/S: EMMANUAL PAUL AGED 24 YEARS S/O PAUL.D,RESIDING AT ST.XAVIER,ST.XAVIER NAGAR,CHINNAKAD,KOLLAM-691001. BY ADV S.SREEKUMAR (KOLLAM) RESPONDENT/S: 1 2 3 4 THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY,SC/ST DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. THE TAHSILDAR, TALUK OFFICE,KOLLAM-691001. THE VILLAGE OFFICER, KOLLAM WEST VILLAGE,KOLLAM-691001. THE KERALA INSTITUTE FOR RESEARCH TRAINING AND DEVELOPMENT STUDIES OF SCHEDULED CASTES AND SCHEDULED TRIBES(KIRTADS)DIRECTORATE OF KIRTAD, CHEVAYUR,KOZHIKODE-673017. WP(C) Nos.14749,17341 & 24137 OF 2019 6 THE PRINCIPAL, BISHOP JEROME INSTITUTE,FATHIMA COLLEGE ROAD, KOLLAM-691001. THE UNIVERSITY OF KERALA, REPRESENTED BY THE REGISTRAR, SENATE HOUSE CAMPUS,PALAYAM, THIRUVANANTHAPURAM-695034. 5 6 BY ADV SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA SRI. DHEERAJ A.S., GP 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: WP(C) Nos.14749,17341 & 24137 OF 2019 7 MOHAMMED NIAS C. P. , J. …………………………………………. W. P. (C) No. 14749, 17341 & 24137 OF 2019 ………………………………………………. Dated this the 03rd day of April, 2025 J U D G M E N T These writ petitions are filed seeking a direction to the 2nd respondent to issue a Community/Caste Certificate to the petitioners. An interim order was passed directing the 2nd and 3rd respondents to provisionally issue a non-creamy layer certificate to the petitioners showing the religion and caste as 'Christian Bharatha'.

2. The learned counsel appearing for both sides submits that the issue is covered by the judgment of this Court in WPC No.12592 of 2019 and connected cases dated 17th December 2021, which was disposed of in the following manner:- “Therefore, these writ petitions are disposed of in the following manner: 1. The 5th 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.

2. The petitioners are free to submit their evidences and WP(C) Nos.14749,17341 & 24137 OF 2019 8 documents supporting their claim before the KIRTADS, within one month from the date of receipt of a copy of this judgment.

3. 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.

4. Till final orders are passed by the KIRTADS, the status-quo as far as the petitioners in all these batch of cases will continue.” These writ petitions are also disposed of on similar lines by ordering that the directions in the above judgment will govern the petitioners herein as well. The interim orders granted by this Court in these cases are made absolute. SD/- MOHAMMED NIAS C.P., JUDGE JJ WP(C) Nos.14749,17341 & 24137 OF 2019 9 APPENDIX OF WP(C) 17341/2019 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 EXHIBIT P7 EXHIBIT P8 THE TRUE COPY OF THE RELEVANT PAGES OF THE S.S.L.C.CERTIFICATE OF THE PETITIONER OBTAINED FROM THE SECRETARY BOARD OF PUBLIC EXAMINATIONS, THIRUVANANTHAPURAM. THE TRUE COPY OF THE RELEVANT PAGES OF THE S.S.L.C CERTIFICATE OF THE PETITIONER'S BROTHER FEBIN M. OBTAINED FROM SECRETARY, BOARD OF PUBLIC EXAMINATIONS, THIRUVANANTHAPURAM. THE TRUE COPY OF THE EXTRACT OF THE ADMISSION OF THE PETITIONER'S FATHER SRI.MELKIS.R. OBTAINED FROM ST.ANTONY'S U.P.S., VADDY, KOLLAM. 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, BOARD OF PUBLIC EXAMINATIONS, THIRUVANANTHAPURAM. THE TRUE COPY OF THE ORDER NO.5189/03/07- A&RDD DATED 16.8.1967 ISSUED BY THE GOVERNMENT. THE TRUE COPY OF THE JUDGMENT DATED 15.3.1985 IN O.P.NO.25/1985 OF THIS HON'BLE COURT. THE TRUE COPY OF THE RELEVANT PAGES OF THE BOOK, THE PEOPLE OF INDIA. THE TRUE COPY OF THE G.O.(P)NO.46/2007/SCST DD DATED 25.8.2007 ISSUED BY THE 1ST RESPONDENT. WP(C) Nos.14749,17341 & 24137 OF 2019 10 EXHIBIT P9 EXHIBIT P10 EXHIBIT P11 EXHIBIT P12 THE TRUE COPY OF THE OTHER ELIGIBLE COMMUNITIES ISSUED BY THE GOVERNMENT AS PER G.O.(P)NO.46/2007/SCST DD DATED 25.8.2007. THE TRUE COPY OF THE DETAILS OF THE APPLICATION AND ADMISSION DETAILS OF THE PETITIONER OBTAINED FROM THE WEBSITE PORTAL OF THE 5TH RESPONDENT. THE TRUE COPY OF THE ANTHROPOLOGICAL REPORT NO.V.767/2016/SC-6 ISSUED BY THE 4TH RESPONDENT. THE TRUE COPY OF THE INTERIM ORDER DATED 12.6.2019 IN WPC.NO.15953/2019 OF THIS HON'BLE COURT. WP(C) Nos.14749,17341 & 24137 OF 2019 11 APPENDIX OF WP(C) 24137/2019 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 EXHIBIT P7 EXHIBIT P8 EXHIBIT P9 A TRUE COPY OF THE EXTRACT OF THE ADMISSION REGISTER OF THE PETITIONER'S FATHER ISSUED BY HEADMISTRESS,GOVERNMENT MODEL HS FOR BOYS,KOLLAM A TRUE COPY OF THE SSLC CERTIFICATE OF THE PETITIONER. THE TRUE COPY OF THE STATEMENT OF MARKS OF B.COM DEGREE OF THE PETITIONER ISSUED BY THE MADURAI KAMARAJ UNIVERSITY A TRUE COPY OF THE ORDER DATED 16.08.1967 A TRUE COPY OF THE JUDGMENT IN O.P.NO.25/1985,DATED 15.03.1985 THE TRUE COPY OF THE RELEVANT PAGES OF THE "PEOPLE OF INDIA,IN THE BOOK "ANTHRROPOLOGY SURVEY OF INDIA" A TRUE COPY OF THE GOVERNMENT ORDER G.O(P)NO.46/2007/SC/ST,DATED 25.08.2007 A TRUE COPY OF THE LIST OF OTHER ELIBLE COMMUNITY ISSUED BY THE GOVERNMENT THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT,DATED 26.07.2019 EXHIBIT P10 THE TRUE COPY OF THE INTERIM ORDER IN WP(C)NO.15953/2019 OF THE HON'BLE HIGH COURT. WP(C) Nos.14749,17341 & 24137 OF 2019 12 APPENDIX OF WP(C) 14749/2019 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 EXHIBIT P7 EXHIBIT P8 EXHIBIT P9 THE TRUE COPY OF THE S.S.L.C. CERTIFICATE OF THE PETITIONER OBTAINED FROM THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, THIRUVANANTHAPURAM. THE TRUE COPY OF THE CASTE/COMMUNITY CERTIFICATE NO.1640/2006 DATED 12.03.2006 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. THE TRUE COPY OF THE S.S.L.C. CERTIFICATE OF THE PETITIONER'S FATHER SRI.ANTONY S. OBTAINED FROM ST.ALOSYIOUS H.S.S., KOLLAM. THE TRUE COPY OF THE ADMISSION EXTRACT OF THE PETITIONER'S FATHER'S ELDER BROTHER SRI.JOSEPH S. OBTAINED FROM ST. ALOSYIOUS H.S.S., KOLLAM. 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. THE TRUE COPY OF THE ORDER NO.5189/03/07- A&RDD DATED 16.8.1967 ISSUED BY THE GOVERNMENT. THE TRUE COPY OF THE JUDGMENT DATED 15.3.1985 IN O.P.NO.25/1985 OF THIS HON'BLE COURT. THE TRUE COPY OF THE RELEVANT PAGES OF THE BOOK, THE PEOPLE OF INDIA. THE TRUE COPY OF THE G.O.(P) NO.46/2007/SCST DD DATED 25.08.2007 ISSUED BY THE 1ST RESPONDENT. WP(C) Nos.14749,17341 & 24137 OF 2019 13 EXHIBIT P10 EXHIBIT P11 EXHIBIT P12 EXHIBIT P13 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. THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER THROUGH ONLINE FOR DEGREE COURSE IN THE KERALA UNIVERSITY BEFORE THE 5TH RESPONDENT. THE TRUE COPY OF THE ANTHROPOLOGICAL REPORT NO.V.767/2016/SC-6 ISSUED BY THE 4TH RESPONDENT. THE TRUE COPY OF THE INTERIM ORDER DATED 07.03.2019 IN W.P.(C) NO.6838/2019 OF THIS HON'BLE COURT.