Kerala High Court Dismisses VHP's Challenge To Caste Certificate Of Hindu Woman Married To Christian Man

The Kerala High Court has dismissed a writ appeal preferred by Vishwa Hindu Pareeshath (VHP) against the grant of OBC Non-Creamy Layer certificate to a Hindu woman namely Kumari Bindhu, who married a Christian man. The certificate said that she belonged to Hindu-Nadar caste and belonged to Non-Creamy Layer.The Caste Hindu-Nadar was recorded by her while she applied for the post of Last Grade Servant. She subsequently joined as Last Grade Servant in Munsiff's Court. The VHP had claimed that they were before the Court representing the Hindu – Nadar community. The Division Bench comprising Chief Justice Nitin Jamdar and Justice S. Manu noted that this being a service matter, VHP who is neither an affected employee nor the State, has no locus standi to challenge it. In her defence, Kumari had referred to the Supreme Court decision in Neetu v State of Punjab and Others (2007) which held that a Public Interest Litigation was not maintainable in service matters.The Non – Creamy Layer certificate was granted to Kumari in 2006 which was subsequently cancelled in 2011 by the Collector saying that it was obtained by fraud. The order said that the certificate was obtained by concealing that she was married to a Christian. Against this order, Kumari had approached the Single Bench of High Court. The VHP was impleaded in the case and it argued that the petitioner was following Christianity and was not entitled to the benefits given to Hindu Nadar community as members of Other Backward Classes. The Single Bench noting that there is no allegation that Kumari converted to Christianity and seeing that no notice was served to her before cancellation of her certificate, set aside the order of cancellation. VHP then preferred this appeal.The Division Bench observed that when the State itself has not challenged the Single Bench decision setting aside its order, there is no locus standi to VHP merely because they were a party in the Writ Petition. Accordingly, the appeal was dismissed.Counsel for the Petitioner: Adv S. M. PrasanthCounsel for the Respondents: Advocates Kaleeswaram Raj, V. Tekchand (Sr. GP)Case No: WA 545 of 2020Case Title: Vishwa Hindu Pareeshath Vibhagh Karyalayam v State of Kerala and OthersCitation: 2025 LiveLaw (Ker) 82Click Here To Read/ Download Order

Kerala High Court Dismisses VHP's Challenge To Caste Certificate Of Hindu Woman Married To Christian Man

Manju Elsa Isac

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