IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 11988 of 2008(B)
1. C.S.SURESH, SON OF AMMINI, AGED
... Petitioner
Vs
1. THE TAHSILDAR, N.PARUR TALUK,
... Respondent
2. THE SECRETARY, KERALA PUBLIC SERVICE
3. THE DISTRICT OFFICER,
For Petitioner :SRI.V.SANKARA RAJA
For Respondent :SRI.ALEXANDER THOMAS,SC,KPSC
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :16/06/2009
O R D E R
S. SIRI JAGAN, J.
-------------------------------------------------
W.P.(C)No. 11988 OF 2008
-------------------------------------------------
Dated this the 16th day of June, 2009
JUDGMENT
The petitioner is an offspring of an inter caste married couple,
of which the father is a backward Christian and the mother a
Hindu-Pulaya Community. According to the petitioner while the
petitioner was an infant, his father deserted him and his mother.
Thereafter the petitioner’s mother brought him up in her father’s
house. Her parents also belong to Hindu-Pulaya Community.
Therefore according to the petitioner, he was brought up with all the
social disabilities attached to a scheduled caste. Petitioner contends
that in such circumstances, the petitioner is entitled to all reservation
benefits applicable to a member of Hindu-Pulaya Community, which
is recognised as a Scheduled Caste Community in Kerala. Petitioner
applied for a community certificate to the 1st respondent. But the
same has not been issued to the petitioner. Apparently the reason
for the same is that the 1st respondent directed the petitioner to
obtain a report from the Village Officer, Vanchiyoor within the
jurisdiction of which the petitioner’s father resides. It is under the
WPC : 11988/08
-:2:-
above circumstances the petitioner has filed the above writ petition
seeking the following relief:
i. to issue a writ of mandamus or other appropriate writ, order
or direction, directing the 1st respondent to issue a community
certificate to the petitioner as prayed for by him under Exhibit P8
application.
The contention of the petitioner is that, since the petitioner has
been brought up in the Hindu-Pulaya Community with all the social
disabilities attached to the Community, the petitioner is entitled to a
Community certificate as a Hindu-Pulaya, based on the Full Bench
decision of this Court in Indira v. State of Kerala [2005(4) KLT 119].
The learned Government Pleader submits that now that the
Government has issued a new Government Order, GO(MS)
No.109/2008 dated 20.11.2008, whereby persons can claim
Community status of the mother also, for the purpose of reservation
benefits. The petitioner can apply afresh on the basis of that
Government Order. In the above circumstances the writ petition is
disposed of with the following directions:
If the petitioner files a fresh application before the 1st
WPC : 11988/08
-:3:-
respondent for a Community Certificate, the 1st respondent shall
consider the application in the light of the above said Government
Order and issue a Community Certificate to the petitioner as
expeditiously as possible, at any rate, within one month from the date
of receipt of the application along with a copy of this judgment.
S. SIRI JAGAN, JUDGE
ttb