Sanil Kumar D. vs The State Of Kerala on 10 August, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 14403 of 2009(U)


1. SANIL KUMAR D., AGED 41 YEARS,
                      ...  Petitioner

                        Vs



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

2. THE SECRETARY,

3. THE VILLAGE OFFICER,

4. THE DISTRICT OFFICER,

                For Petitioner  :SRI.K.G.RADHAKRISHNAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :10/08/2009

 O R D E R
                            S.SIRI JAGAN, J.

                      ==================

                       W.P(C).No.14403 OF 2009

                      ==================

               Dated this the 10th day of August, 2009

                            J U D G M E N T

The petitioner has been included in the rank list prepared by the

PSC for selection to the post of Village Extension Officer Grade III. At

the time of application, the petitioner claimed reservation benefit as

‘Other Christian’ on the ground that as per his SSLC book, he is a

Christian converted from Parava community, which is a Scheduled

Caste Community. Therefore, according to the petitioner, he is entitled

to reservation benefit as ‘Other Christian’. The petitioner belongs to

Kollam. The petitioner is a not favoured with a community certificate

by the 3rd respondent despite application made in that regard, is the

complaint of the petitioner. In the meanwhile, the petitioner has been

directed to produce community certificate by the PSC with a threat

that if he does not, his name would be removed from the rank list.

2. A counter affidavit has been filed by the 1st respondent to

the effect that the petitioner does not belong to Parava convert

Christian, and he belongs to Latin Catholic community. Therefore, the

petitioner can be given only a certificate showing him as a Latin

Catholic.

3. I have considered the rival contentions in detail.

4. In W.A.No.609/2008, on identical facts, this Court passed

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the following judgment:

“Petitioner has claimed community status as Christian Parava (OX)
(scheduled caste converts to Christianity) in her application submitted for
selection to the post of Non-Vocational Teacher (English) Her S.S.L.C.
Book also shows that she is a Christian Parava (OX). But in view of the
decision reported in Rajan v. State of Kerala {2007 (1) KLT 730} she
cannot claim the above OX category. When she was short listed, she was
given the non-creamy layer certificate treating her as Latin Catholic. The
above caste certificate is not disputed. This happened in view of the
Division Bench decision. In the above circumstances, on the facts and
circumstances of the case, petitioner should be treated as a person
belonging to the Latin Catholic Community without affecting the seniority
of candidates advised already.

Writ Appeal is disposed of with the above direction.”

Since the facts are identical, I am of opinion that this writ petition can

be disposed of in terms of the said judgment. Accordingly, this writ

petition is disposed of with a direction to the 3rd respondent to issue a

community certificate to the petitioner showing him as a Latin Catholic.

The petitioner shall present himself before the 3rd respondent on

14.8.2009. The petitioner shall produce a certified copy of this

judgment along with a petition. On the same, the 3rd respondent shall

issue a community certificate to the petitioner showing him as

belonging to Latin Catholic community, on 17.8.2009.

5. The petitioner shall produce the same before the PSC

before 24.8.2009. This Court, on 2.6.2009, passed the following

interim order:

“Matter to be treated as admitted. Govt. Pleader takes notice for
R1 to R3. SC takes notice for R4. It is made clear that if ultimately it is
found that the petitioner is entitled to get caste certificate as contended
by him, then appropriate direction would be issued to the Public Service
Commission to accept the caste certificate even beyond the time which is

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now prescribed by them. Respondents to file counter affidavit/statement
positively by 12/6/09.”

In view of that order, if the petitioner produces the certificate before

24.8.2009, the same shall be accepted by the PSC as one produced

within time. As per marks obtained by him in the test and interview,

considering him as a Latin Catholic, he shall be advised in accordance

with his turn without affecting the candidates who have already been

advised.

Sd/-

sdk+                                               S.SIRI JAGAN, JUDGE
Issue copy today itself.


                 ///True copy///




                                    P.A. to Judge