IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 12274 of 2008(J)
1. LAKSHMI.S.ARAVIND, HOUSE NO.7/1218,
... Petitioner
Vs
1. THE KERALA PUBLIC SERVICE COMMISSION,
... Respondent
2. THE DIRECTOR OF ANIMAL HUSBANDARY,
3. THE DISTRICT ANIMAL HUSBANDARY OFFICER,
4. THE TAHSILDAR, AMBALAPPUZHA,
For Petitioner :SRI.ROY CHACKO
For Respondent :SRI.ALEXANDER THOMAS,SC,KPSC
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :28/01/2009
O R D E R
T.R. Ramachandran Nair, J.
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W.P.(C) No. 12274 of 2008-J
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Dated this the 28th day of January, 2009.
JUDGMENT
The writ petition is filed challenging Exts.P4 and P5 by which the
Tahsildar cancelled the community certificate issued to the petitioner and
consequent upon which the Public Service Commission also issued a show
cause notice under Rule 3 of the General Rules seeking to cancel the advice
issued to her.
2. The petitioner had applied to the post of Veterinary Surgeon
Grade II under the second respondent Department. She is rank No.1 in the
rank list, based on which she was appointed as per Ext.P1. The petitioner’s
mother belongs to Ullada Caste which is recognised as Scheduled Tribe in
terms of the Presidential Order 1950. His father belongs to Hindu Malayala
Brahmin (Plappilly) community. Ext.P2 is the relevant extract of the SSLC
certificate showing her caste as Ullada. The Tahsildar issued Ext.P3
“Sakshya Pathram” for producing before the Commission and later on it
was informed as per Ext.P4 that the community certificate has been
cancelled. The reason stated in Ext.P4 is that as the petitioner’s father
belongs to Hindu Malayala Brahmin community, the petitioner cannot be
Wpc 12274/08 2
considered as one belonging to Hindu Ullada community. This was
followed by Ext.P5 show cause notice issued by the Commission. When the
writ petition came up for hearing on 10.4.2008, it was directed that the post
to which the petitioner has been advised, will be kept vacant. In the event
of the petitioner succeeding in the writ petition, she will be entitled to
claim service benefits as due consequent on the appointment. The first
respondent was directed to pass final orders on Ext.P5 after considering the
explanation submitted by the petitioner, Ext.P6 and after hearing the
petitioner, within a period of six weeks from that date. Thereafter, the
Public Service Commission by Ext.P10, confirmed the provisional decision
to cancel the advice. This court by an interim order dated 4.12.2008
directed the Tahsildar to conduct a fresh enquiry in terms of Ext.P11 Govt.
Order after notice to and affording the petitioner to state her case and also
to produce documents in support of her contention that she belongs to
Ullada community. Final orders were directed to be passed within three
months from the date on which the petitioner moves the Tahsildar along
with a copy of the order. It was also directed that if, after such
determination, the Tahsildar finds that the petitioner belongs to Ullada
community, he shall issue necessary caste certificate in the prescribed form
and also file an affidavit in this court as to the decision taken by him in the
matter.
3. Subsequently, the petitioner has produced along with
Wpc 12274/08 3
I.A.No.796/2009, the proceedings of the Tahsildar dated 9.1.2009, Ext.P12
along with the certificate, Ext.P12(a). In the enquiry, the Tahsildar found
that she is entitled to be considered as belonging to Hindu Ullada
community and accordingly community certificate was issued as per
Ext.P12(a).
4. Heard the learned Standing Counsel for the Commission also. In
the light of Ext.P12(a), Exts. P4, P5 and P10 will stand set aside. The
petitioner will produce the original of Ext.P12(a) certificate before the
Public Service Commission within a week. Now that it is found that she is
entitled to be considered as belonging to Hindu Ullada community, she will
be entitled to be advised and appointed to the post of Veterinary Surgeon
Grade II. Appropriate action will be taken by the respondents within a
period of three weeks thereafter. As ordered already in the interim order
dated 10.4.2008 that she will be entitled to all service benefits, consequent
on the appointment.
The writ petition is allowed as above. No costs. The petitioner will
produce a copy of this judgment before the Public Service Commission for
compliance.
(T.R. Ramachandran Nair, Judge.)
kav/