KERALA PUBLIC SERVICE COMMISSION, v. RAKHI K, W/O VIJAYAKUMAR K, AGED 25 YEARS.

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ranked list without granting the community benefit. Hence, the 1^st respondent approached the Tribunal with the original application filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs:

"(i) declare that the applicant is entitled to be included in Annexure A3 ranked list as Hindu Nadar candidate.

(ii) direct the respondents to include the applicant in Annexure A3 ranked list as Hindu Nadar and advice her against the first turn of Hindu Nadar community."

2.1. Before the Tribunal, the KPSC filed a reply statement dated 15.11.2023 opposing the relief claimed by the 1^st respondent. To that reply statement, the 1^strespondent filed a rejoinder dated 10.06.2024, producing therewith Annexures A10 to A14 documents.

2.2. After hearing both sides and on appreciation of materials on record, the Tribunal, by the Ext.P4 impugned order dated 30.07.2024, allowed the original application. Being aggrieved, the petitioners/respondents 1 and 2 are now before this Court with this original petition.

3. Heard the learned Standing Counsel for KPSC for the

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petitioners and the learned counsel for the 1^strespondent.

4. The learned Standing Counsel for the KPSC submitted that the claim raised by the 1^strespondent is based on Annexure A4 gazette notification dated 16.02.2016. By Annexure A4, it is notified that the 1^strespondent embraced Hinduism from the Christian Nadar community as per Suddhi certificate No.26545/015 dated 08.12.2015 issued from Aryasamaj, Thiruvananthapuram, with the same name, and therefore she will be a member of the Hindu Nadar community. In the Secondary School Leaving Certificate of the 1^strespondent, her caste is shown as Christian Nadar. The learned Standing Counsel invited our attention to the Kerala State and Subordinate Service Rules, 1958 ('KS & SSR', in short), Part I, wherein the Hindu Nadar is included in serial No.49 and Nadar included in S.I.U.C. is included in serial No.49A of list III other backward classes in the Kerala State. The learned Standing Counsel further invited our attention to Annexure to Rule 15 of Part II of KS & SSR, wherein Nadar included in S.I.U.C. is serial No.38 and Hindu Nadar is in serial

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No.60 of the list for direct recruitment to the post other than those included in the Kerala Last Grade Service. Therefore, according to the learned Standing Counsel, there is a huge difference as far as the granting of reservation is concerned for the Christian Nadar and Hindu Nadar communities. The learned Standing Counsel further relied on the judgment of the Apex Court in C.Selvarani

v. The Special Secretary-Cum-District Collector [2024 SCC Online SC 3470], the judgment of this Court in Sapna Jacob, Minor v. The State Of Kerala & Ors. [1992 (2) KLT 657] and in Lalkumar P. v. Kerala Public Service Commission [Judgment dated 22.01.2007 in W.P.(C)No.24808 of 2006]:[2007 KER 2737]

in support of his contentions. It is also pointed out by the learned standing counsel that the Tribunal passed the impugned order under the premise that the conversion of the 1^strespondent is from the Christian Nadar to Hindu Nadar when she is living in a family consisting of Nadars of different sects, which is against the principles laid down in the above-referred judgments.

5. On the other hand, the learned counsel for the 1^st

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respondent submitted that the 1^strespondent is at serial No.43 in Annexure A3 ranked list, and even if the original petition is allowed, she will be advised in the open category, since the next general category candidate to be advised from Annexure A3 ranked list is the 1^strespondent.

6. In C.Selvarani [2024 SCC Online SC 3470] the Apex Court held thus:

"15. At this juncture, we may observe that India is a secular country. Every citizen has a right to practise and profess a religion of their choice as guaranteed under Article 25 of the Constitution. One converts to a different religion, when he/she is genuinely inspired by its principles, tenets and spiritual thoughts. However, if the purpose of conversion is largely to derive the benefits of reservation but not with any actual belief on the other religion, the same cannot be permitted, as the extension of benefits of reservation to people with such ulterior motive will only defeat the social ethos of the policy of reservation. In the instant case, the evidence presented clearly demonstrates that the appellant professes Christianity and actively practices the faith by attending church regularly. Despite the same, she claims to be a Hindu and seeks for Scheduled Caste community certificate for the purpose of employment. Such a dual claim

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made by her is untenable and she cannot continue to identify herself as a Hindu after baptism. Therefore, the conferment of Scheduled caste communal status to the appellant, who is a Christian by religion, but claims to be still embracing Hinduism only for the purpose of availing reservation in employment, would go against the very object of reservation and would amount to fraud on the Constitution".

7. In Sapna Jacob, Minor v. The State Of Kerala & Ors. [1992 (2) KLT 657], a learned Single Judge of this Court held thus:

"6. It is also important to note the definition of the expression 'Hindu' in the various enactments such as Hindu Marriage Act, Hindu Adoption and Maintenance Act and Hindu Succession Act. In all these enactments the expression 'Hindu' has been defined in the same manner. Under Explanation to Section 2 of the Hindu Succession Act, it is stated that the following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case may be:

(a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion;

(b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhists, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged;

(c) any person who is a convert or reconvert to the Hindu,

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Buddhist, Jaina or Sikh religion. The petitioner at the most can claim to come under Explanation (b) of Section 2 of Hindu Succession Act. But in order to avail the benefit of that clause it must be further proved that she was brought up as member of Hindu community. In order to prove that the petitioner was a member of the Hindu community she must have established that there was a bona fide intention to be converted to the Hindu faith accompanied by conduct or unequivocally expressing that intention. It is true that no formal ceremony of purification or expiration is necessary to effectuate conversion. The petitioner is admittedly the daughter of a Jacobite Christian. So by birth she is a Christian. A convert must embrace Hinduism and follow the cultural system and tradition of that religion and should take the Hindu mode of life. It may be true that the Court cannot test or gauge the sincerity of religious belief; or where there is no question of the genuineness of a person's belief in a certain religion, the court cannot measure its depth or determine whether it is an intelligent conviction or ignorant and superficial fancy. But a court can find the true intention of men lying behind their acts and can certainly find from the circumstances of a case whether a pretended conversion was really a means to some further end. In the instant case the petitioner's mother after marrying V.M. Jacob changed her name as Uma Jacob. The petitioner's name is Sapna Jacob, admittedly a

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Christian name. There is nothing in evidence to show that the petitioner ever led a Hindu mode of life. The only ground on which the petitioner claims the benefit of Scheduled Caste is that her mother is a Scheduled Caste. xxx xxx xxx

8. Lastly, the petitioner relied on Ext.P7 Government Order issued on 25.01.1977. The Government order says that with a view to encourage inter caste marriage, the children born of inter caste marriages will be allowed all educational concessions given to Scheduled Caste or Scheduled Tribe communities provided either the father or mother belongs to a Scheduled Caste or Scheduled Tribe community. Ext. P7 has been issued to encourage inter caste marriage and concessions now being given to the Scheduled Castes are extended to the children of inter-caste marriages. That does not mean that the children born in the wedlock of such marriages would become Scheduled Castes as envisaged under the provisions of the Indian Constitution. The reservation for admission to colleges and employment is a constitutional right and if one seeks benefit under the reservation he has to be a member of the Scheduled Caste as defined under Art.341 of the Constitution of India".

8. In W.P.(C)No. 24808 of 2006 in the matter of

Lalkumar P. v. Kerala Public Service Commission, a learned Single Judge of this Court held that the conversion can only be to

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another religion and not to a particular segment or denomination.

9. The 1^strespondent herein was converted from Christian Nadar to Hindu Nadar. When analysing the facts of the present case in the light of the judgments referred to supra, it can only be said that the effect of conversion of the 1^strespondent from the Christian Nadar community to Hindu Nadar community will, in effect is a conversion to the Hindu religion from the Christian religion and not to a particular caste in the Hindu religion. Hence, the 1^strespondent cannot claim the reservation of a particular caste within the Hindu community after converting as a Hindu from the Christian religion. The Tribunal failed to consider this aspect while passing the impugned order. Moreover, as rightly argued by the learned Standing Counsel for KPSC, the rotation of reservation is different for Christian Nadar and Hindu Nadar under the KS & SSR.

10. Having considered the pleadings and materials on record and the submissions made at the Bar, we find that the Tribunal failed to properly appreciate the materials on record in

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their proper perspective and hence the impugned order is liable to be set aside.

In the result, the original petition is allowed by setting aside the impugned order dated 30.07.2024 in O.A.No.319 of 2023 passed by the Tribunal and the original application stands dismissed.

Sd/-

ANIL K.NARENDRAN, JUDGE

Sd/- sks MURALEE KRISHNA S., JUDGE

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APPENDIX OF OP(KAT) 526/2024

PETITIONER ANNEXURES

Annexure A1 TRUE COPY OF THE NOTIFICATION DATED 29.08.2019 FOR THE POST OF CLERK TYPIST/

TYPIST CLERK VARIOUS DEPARTMENTS IN VARIOUS

DISTRICT NOTIFIED AS CATEGORY NO.103/2019. Annexure A2 TRUE COPY OF THE ADMISSION TICKET

(PROVISIONAL) ISSUED BY THE 1ST RESPONDENT

TO THE APPLICANT.

Annexure A3 TRUE COPY OF THE RANKED LIST NO. :

95/2023/DOE PUBLISHED BY THE 2ND RESPONDENT

AND BROUGHT INTO FORCE WITH EFFECT FROM

13.02.2023. (CAT NO. 103/2019) Annexure A4 TRUE COPY OF THE RELEVANT EXTRACT OF THE

NOTIFICATION PUBLISHED IN KERALA GAZETTEE

,VOLUME V ON 16.02.2016

Annexure A5 TRUE COPY OF THE SCREENSHOT OF THE

APPLICATION SUBMITTED BY THE APPLICANT.

Annexure A6 TRUE COPY OF THE NON CREAMY LAYER CERTIFICATE

NO. 66919005 DATED 05.08,2022 ISSUED BY

VILLAGE OFFICER KANJIRAMKULAM

Annexure A7 TRUE COPY OF THE VERIFICATION CERTIFICATE

DOWNLOADED FROM THE PROFILE OF THE APPLICANT

Annexure A8 TRUE COPY OF THE SCREENSHOT OF THE PROFILE

OF THE APPLICANT

Annexure A9 TRUE COPY OF THE DETAILS OF VACANCIES

DOWNLOADED FROM THE WEBSITE OF THE 1ST

RESPONDENT

Annexure A10 TRUE COPY OF THE RELEVANT EXTRACT OF THE

GENERAL CONDITIONS ISSUED BY THE PSC FOR

RECRUITMENT

Annexure A11 TRUE COPY OF THE RELEVANT EXTRACT OF SCHOOL

ADMISSION REGISTER IN RESPECT OF THE FATHER

OF THE APPLICAN

Annexure A12 TRUE COPY OF THE RELEVANT EXTRACT OF SCHOOL

ADMISSION REGISTER IN RESPECT OF THE MOTHER

OF THE APPLICANT.

Annexure A13 TRUE COPY OF G.O (MS.)NO.1/2022/BCDD DATED

25.02.2022

Annexure A14 TRUE COPY OF THE ADVICE DATED 28.012021

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TENDERED BY THE KERALA STATE COMMISSION FOR

BACKWAD CLASSES TO GOVERNMENT.

Exhibit P1 THE TRUE COPY OF THE ORIGINAL APPLICATION, O.A.NO319/2023

Exhibit P2 THE TRUE COPY OF THE REPLY STATEMENT FILED BY THE COMMISSION DATED 15/11/2023

Exhibit P3 THE TRUE COPY OF THE REJOINDER FILED BY THE

1ST RESPONDENT TO THE REPLY AFFIDAVIT FILED

BY THE COMMISSION DATED 10-06-2024

Exhibit P4 THE TRUE COPY OF THE ORDER DATED 30-07-2024 IN O.A.NO.319/2023