Harold Vincent D vs State Of Kerala on 23 July, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20762 of 2008(V)


1. HAROLD VINCENT D.,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. TALUK OFFICER, KOLLAM.

3. KERALA PUBLIC SERVICE COMMISSION

                For Petitioner  :SRI.V.JAYAPRADEEP

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :23/07/2008

 O R D E R
                      S.SIRI JAGAN, J
                ==================
                 W.P(C)No. 20762 of 2008
                ==================
          Dated this the 23rd day of July, 2008.

                      J U D G M E N T

The petitioner claims to be a Christian Parava who

according to the petitioner comes within the category of

“Other Christians” for the purpose of reservation in

Government employment. The petitioner therefore seeks a

direction to the 2nd respondent to issue a community

certificate showing the petitioner as “Other Christian”. The

learned Special Government Pleader submits that the

petitioner is only a Latin Catholic and the community

certificate showing him as a Latin Catholic can be issued to

him, provided he repays the educational concession which

he has received as a scheduled caste claiming himself to be

a Christian Parava and also he makes necessary publication

in the official gazette correcting his community in the

S.S.L.C. certificate as Latin Catholic.

2. I am of opinion that for the purpose of issuing a

W.P(C)No. 20762 of 2008 – 2 –

community certificate to the petitioner, it is not necessary

that the above procedure as suggested by the Special

Government Pleader should be complied with. If on the

basis of enquiry made by the 2nd respondent, the 2nd

respondent is satisfied that the petitioner is a Latin Catholic

a community certificate has to be issued to the petitioner to

that effect. Of course it would be open to the respondents 1

and 2 take appropriate action to recover any amounts of

concession which the petitioner has received irregularly by

taking appropriate proceedings in that regard separately.

However, that shall not stand in the way of issuing

community certificate to the petitioner. I also do not think

that for that purpose any correction in the records is

mandatory since according to the respondents the

community shown in the records is wrong. That should be

left to the petitioner’s choice, if he wants to keep his

records correct with the consequences he may suffer on

account of such non-correction.

W.P(C)No. 20762 of 2008 – 3 –

Accordingly, I dispose of this writ petition with a

direction to the 2nd respondent to issue a community

certificate to the petitioner showing his actual community

within a period of one week from the date of receipt of a

copy of this judgment. In order to make the records correct

the petitioner may take appropriate steps to get his

community corrected in the official records in tune with the

community certificate to be issued by the 2nd respondent as

above. The 3rd respondent shall give the petitioner three

weeks time to produce the community certificate if the

same is required for inclusion of the petitioner’s name in

any rank list prepared or to be prepared by them.

S.SIRI JAGAN, JUDGE

rhs