The Supreme Court on Thursday held that
a person can be accorded Scheduled Caste (SC) status on his re-conversion to
Hinduism if he is accepted by fellow caste men and proves that either he or his
forefathers previously belonged to that caste before embracing another
religion.
"In
our considered opinion, three things that need to be established by a person
who claims to be a beneficiary of the caste certificate are (i) there must be
absolutely clear-cut proof that he belongs to the caste that has been
recognised by the Constitution (Scheduled Castes) Order, 1950; "(ii) there
has been reconversion to the original religion to which the parents and earlier
generations had belonged; and (iii) there has to be evidence establishing the
acceptance by the community. Each aspect, according to us, is very significant and
if one is not substantiated, the recognition would not be possible,"
a bench of justices Dipak Misra and V Gopala Gowda said.
The court's judgment came in an appeal
preferred by KP Manu, a Kerala resident, who had challenged the verdict of the
Kerala High Court.
Manu, who was born as a Christian as
his grandfather had embraced the religion after leaving Hinduism, became Hindu
again at the age of 24 and was granted SC certificate of 'Hindu Pulaya' caste
to which his ancestors belonged.
However, later on a complaint, a
scrutiny committee held that he cannot be treated as a Hindu on the ground that
his forefathers were Christians and he himself had married a Christian woman.
This finding was affirmed by the High Court as well.
On the basis of the report of the
scrutiny committee, the state government took action and directed the employer
of Manu to remove him from service and recover a sum of Rs 15 lakh towards the
salary paid to him.
However, the apex court set aside the verdict
of the High Court. The apex court, in its verdict, said, "in the instant case,
the appellant got married to a Christian lady and that has been held against
him. It has also been opined that he could not produce any evidence to show
that he has been accepted by the community for leading the life of a Hindu.
"As far as the marriage and
leading of Hindu life are concerned, we are of the convinced opinion that, in
the instant case, it really cannot be allowed to make any difference. The
community which is a recognised organisation by the state government, has
granted the certificate in categorical terms in favour of the appellant. It is
the community which has the final say as far as acceptance is concerned, for it
accepts the person, on reconversion, and takes him within its fold."
The bench further said "therefore,
we are inclined to hold that the appellant after reconversion had come within
the fold of the community and thereby became a member of the Scheduled Caste.
Had the community expelled him, the matter would have been different. The
acceptance is in continuum. Ergo, the reasonings ascribed by the scrutiny
committee which have been concurred with by the High Court are wholly
unsustainable."
"The appellant shall be reinstated
in service forthwith with all the benefits relating to seniority and his caste
and shall also be paid back wages upto 75 per cent within eight weeks from
today," said the Bench allowing Manu’s appeal.
