- In the case of Beksy A vs. District Collector and ors. the Kerala HC has once again reiterated that marriage of an individual of a particular caste to another as is permissible under law is of no relevance for the purpose of claiming maintenance under Article 16(4) of the Constitution.
- In the instant case, the petitioner belonging to the Latin Catholic Community married a person who belonged to the Roman Catholic Community, in 2005. Later she obtained an appointment through the Public Service Commission for the post of an LP school teacher.
- It was for this reason that the petitioner had sought to obtain a caste certificate but the same was rejected stating that she had married a man who belonged to the Syro Malabar Syrian Catholic and therefore she was not entitled to the Latin Catholc Status. Aggrieved by the same, the petitioner moved the HC.
- The Court observed that the present case fell squarely within the Full bench decision of the Kerala HC in the case of Kerala Pattikajathi Samrakshana Samithi and anr vs State of Kerala and ors (1995) KHC wherein it was observed that adoption, marriage and conversion of faith of individual from one caste to another as permitted by law have no relevance for the purpose of claiming the benefits of reservation under Article 16(4) of the Constitution.
- The Apex Court had also considered this point in the case of Sunita Singh vs State of UP AIR 2018 SC.
- Thus, the writ petition was allowed and it was ordered that a caste certificate be issued to the petitioner showing that she belonged to the Christian Latin Catholic, as soon as possible, within a period of two weeks from the receipt of certified copy of the judgement.
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