The Kerala High Court dismissed an appeal filed by the Vishwa Hindu Pareeshath (VHP), which had contested a single-judge's decision to recognize a Hindu woman, who had married a Christian man, as belonging to the Hindu Nadar caste.

The case revolved around a woman born into the Hindu Nadar community, who had married a Christian man. In 2006, she was granted a non-creamy layer certificate, which recognized her as a member of the Hindu Nadar community. With this certificate, she secured a position as a Last Grade Servant in the Munsiff Court. However, in 2012, the District Collector canceled her caste certificate, alleging that it had been fraudulently obtained. The woman challenged this decision before the Kerala High Court in 2013.

In 2019, a single-judge bench ruled in her favor, stating that the District Collector's decision was made without proper consideration. The VHP intervened in the matter during the proceedings before the single judge and was added as an additional respondent. The single-judge then directed that the woman be treated as belonging to the Hindu Nadar community, a decision that was challenged by the VHP through an appeal.

The Division Bench of Chief Justice Nitin Jamdar and Justice S Manu emphasized that the VHP did not have the legal standing (locus standi) to file such a challenge, as it was not directly affected by the decision.

The Court said, “At most, the community 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 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 Bench further clarified that service-related disputes, such as this one, concern the relationship between the state and the individual employee, and thus the VHP’s appeal was deemed inappropriate. The Court added, "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,"

Cause Title: Vishwa Hindu Pareeshath Vibhagh Karyalayam v. State of Kerala & Ors., [2025:KER:7848]

Appearance:

Appellant: Advocate S.M. Prasanth

Respondent: Advocate Kaleeswaram Raj, Senior Government Pleader V. Tekchand.

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