2012 (8) TMI 1216 - HC - Indian Laws

Summary

Issues Involved:
1. Jurisdiction of Kerala Lok Ayukta.
2. Entitlement to Scheduled Caste Certificate.
3. Validity of Government Orders and Enquiries.
4. Applicability of Res Judicata.

Summary:

1. Jurisdiction of Kerala Lok Ayukta:
The Writ Appeal challenges the judgment of the learned Single Judge which set aside Exhibit P-4 order of the Kerala Lok Ayukta for want of jurisdiction. The learned Single Judge opined that the Lok Ayukta exceeded its jurisdiction in passing Exhibit P-4 order, thus quashing it. The Lok Ayukta's jurisdiction to issue directions for community certificates was questioned, as the Kerala (Scheduled Castes & Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996, and the Kerala State Commission for the Scheduled Castes and the Scheduled Tribes Act, 2007, govern such matters. The Lok Ayukta is authorized to enquire into maladministration but lacks inherent jurisdiction to pass orders directing the issuance of community certificates.

2. Entitlement to Scheduled Caste Certificate:
The appellant, born to an inter-caste marriage, claimed entitlement to a Scheduled Caste Certificate as her mother converted to Hinduism and became a Hindu-Sambavar, a Scheduled Caste Community. The appellant's mother had previously obtained a caste certificate, but subsequent applications were rejected. The State contended that the appellant was not entitled to claim Scheduled Caste status as she was not born to Scheduled Caste parents. The competent authority, after due enquiry, found justification in rejecting the application. The appellant argued that her mother's conversion revived her Scheduled Caste status, entitling her to the certificate.

3. Validity of Government Orders and Enquiries:
The issuance of community certificates is governed by the Kerala (Scheduled Castes & Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996, and subsequent Government Orders. The competent authority must follow the guidelines issued by these orders. The appellant's application for a Scheduled Caste Certificate was rejected based on the report of the Village Officer and KIRTADS. The learned Single Judge noted that the competent authority must conduct the enquiry and issue certificates as per the special enactment and Government Orders.

4. Applicability of Res Judicata:
The appellant contended that the issue was hit by the principles of res judicata as previous orders by Lok Ayukta in 2004 and 2007 had established their caste status. The State argued that the principles of res judicata and estoppel prevent re-litigation of the same issue. The learned Single Judge upheld that the Lok Ayukta's order exceeded its jurisdiction and that the appellant should have approached the appellate authority under the special enactment.

Conclusion:
The High Court dismissed the appeal, affirming the learned Single Judge's decision that the Lok Ayukta exceeded its jurisdiction in passing Exhibit P-4 order. The appellant was advised to approach the appellate authority under the special enactment if aggrieved by the rejection of the community certificate. The appeal was dismissed with no order as to costs.