VHP has no locus to challenge caste certificate of Hindu woman married to Christian: Kerala High Court

The Kerala High Court recently dismissed an appeal filed by right-wing organisation Vishwa Hindu Pareeshath (VHP) which had challenged a single-judge's order to treat a Hindu woman who had married a Christian as belonging to the Hindu Nadar caste [Vishwa Hindu Pareeshath Vibhagh Karyalayam v. State of Kerala and ors]..The case concerned a woman born in the Hindu-Nadar community, who had married a Christian man. She was granted a non-creamy layer certificate in 2006, recognising her as a member of the Hindu-Nadar community.With this certificate, she secured an employment as a Last Grade Servant in the Munsiff Court. However, in 2012, the District Collector cancelled her caste certificate on claims that it had been fraudulently obtained.The woman challenged this before the Kerala High Court in 2013. In 2019, a single judge held that the District Collector's order was passed without a proper application of mind. Notably, the VHP intervened in the matter while it was before the single judge and was impleaded as an additional respondent.The single-judge eventually ordered the State authorities to treat the petitioner-woman as a person belonging to the Hindu Nadar community.The VHP challenged this ruling by filing an appeal, which was dismissed by a Division Bench of the Court on January 27..A Division Bench of Chief Justice Nitin Jamdar and Justice S Manu pointed out that the VHP lacked the locus standi (legal standing) to file such a challenge since it was not an affected party."At most, the community (VHP) could present its concerns or relevant material before the State to assist in arriving at a proper decision. However, once the learned Single Judge examined the materials on record and set aside the State’s order - an order that the State itself has not challenged - the Appellant’s (VHP) intervention in the writ petition does not confer upon it the locus standi to challenge the judgment. The matter was between the State and the Original Petitioner, being a service matter," the Court said. .The Court added that service disputes, like the one at hand, were between the State and the individual employee. The Division Bench concluded that the VHP's appeal was inappropriate.The Court, thus, dismissed the appeal and confirmed the decision of the single judge."Neither the State nor any person in employment, who may be affected by the status of the Original Petitioner in respect of promotion, etc., has challenged the order of the learned Single Judge. The Appeal is dismissed," it said. .The appellant, the Vishwa Hindu Pareeshath Vibhagh Karyalayam, was represented by advocate SM Prasanth.The original petitioner was represented by Advocate Kaleeswaram Raj.Senior Government Pleader V Tekchand appeared for the State..[Read Judgement]