IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 27188 of 2006(J)
1. GEETHA P, D/O.GEORGE,
... Petitioner
Vs
1. KERALA PUBLIC SERVICE COMMISSION,
... Respondent
2. THE DISTRICT OFFICER,
3. TAHASILDAR,
4. VILLAGE OFFICER,
For Petitioner :SRI.K.C.ELDHO
For Respondent :SRI.P.C.SASIDHARAN, SC, KPSC
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :23/01/2007
O R D E R
S. SIRI JAGAN, J.
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W.P. (C) No. 27188 OF 2006 J
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Dated this the 23rd day of January, 2007
J U D G M E N T
The petitioner is an applicant before the Public Service Commission for
selection to the post of Primary School Teacher pursuant to Ext.P3
notification. In the application, she claimed reservation benefits as applicable
to Other Christians on the basis that the petitioner belongs to the “Christian
Parava” community. However, the concerned Tahsildar namely, the 3rd
respondent refused to issue a certificate to the petitioner showing her as a
“Christian Parava”. In the above circumstances, the petitioner has
approached this court seeking the following reliefs:
(i) issue a writ of mandamus or an
appropriate writ or direction compelling the 3rd
respondent to issue a Non-Creamy Layer
Certificate in favour of the petitioner stating that she
belongs to Paravar Christian in the light of Exts.P4
and P5 within a time limit stipulated by this Hon’ble
court;
(ii) issue a writ of mandamus or any other
appropriate writ, order or direction compelling the
2nd respondent to enlarge the time for production of
Non-Creamy Layer Certificate till the issuance of
the same by the 3rd respondent for considering the
petitioner for appointment to the post of Primary
Teacher as per Ext.P3.
2. A counter affidavit has been filed on behalf of the 3rd respondent
in which it is specifically stated that the petitioner belongs to Latin Catholic
community. It is further stated that the petitioner being a Latin Catholic
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2
Christian, she cannot claim the status of converted Christian and obtain
certificate as converted Christian, which is used for getting employment
earmarked for actual Scheduled Caste converts. The apprehension of the 3rd
respondent is that the petitioner may thus avail double benefits as Latin
Catholic convert and as Scheduled Caste convert. The learned counsel for
the petitioner submits that the petitioner is not interested in claiming any
benefits as a Scheduled Caste convert but now that the 3rd respondent
categorically admits that the petitioner is a Latin Catholic, she would be
satisfied with a certificate showing her as a Latin Catholic and also as to
whether or not she comes within the parameters of Creamy Layer. She also
prays that the PSC may be directed to take into account such certificate to be
issued by the 3rd respondent for the purpose of granting the petitioner
reservation benefits as a Latin Catholic in the matter of selection to the post
of Primary School Teacher pursuant to Ext.P3.
3. The learned counsel for the PSC submits that the petitioner has
in her application claimed to be Other Christian and, therefore, now she
cannot be given the benefits as applicable to Latin Catholic. I do not think
that the petitioner should be denied the benefits as applicable to Latin
Catholic on the basis of such technical contentions. As revealed by the
documents produced along with the writ petition, the petitioner is shown as
“Latin Christian Paravan”. Apparently, it is based on those documents that
the petitioner has claimed reservation benefits as applicable to Other
Christians. Now that the 3rd respondent admits that the petitioner is a Latin
Christian, I do not think that the petitioner should be denied reservation
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benefits available to her as a Latin Christian simply because on the basis of
documents available with her, she showed her community as Other Christians
in her application. Further, as between Other Christians and Latin Catholic
the reservation benefit is the same except regarding the turn available to
each. In the above circumstances, this writ petition is disposed of with the
following directions:
The 3rd respondent is directed to issue a community certificate to the
petitioner showing her as a Latin Christian (Latin Catholic) and stating therein
as to whether or not the petitioner comes within the parameters for Creamy
Layer. This shall be issued within two weeks from the date of receipt of a
copy of this judgment. The petitioner shall produce the said certificate before
the PSC, who shall grant appropriate reservation benefits to the petitioner
based on that certificate. The PSC shall grant the petitioner three more
weeks’ time for production of the certificate in order to enable her to get
reservation benefits as a Latin Christian.
(S. SIRI JAGAN, JUDGE)
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