Dinya Mathew vs State Of Kerala

Basant Balaji, J

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.

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.

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.

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.

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.

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.

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.