IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1493 of 2008()
1. SANTHOSH KUMAR.S, KUMPAZHA VEEDU,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY ITS
... Respondent
2. THE PRINCIPAL SECRETARY, REVENUE
3. THE KERALA PUBLIC SERVICE COMMISSION,
4. THE DISTRICT OFFICER, KERALA PUBLIC
5. THE TAHSILDAR, TALUK OFFICE,
For Petitioner :SRI.T.S.RAJASENAN
For Respondent : No Appearance
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :25/07/2008
O R D E R
J.B.KOSHY & P.N.RAVINDRAN, JJ.
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W.A.No.1493 OF 2008
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Dated 25th July, 2008
JUDGMENT
Koshy,J.
Appellant/petitioner is included in the rank list
published by the Public Service Commission for the post of
Lower Division Clerk in Various Departments in the
Kasaragode District. His mother belongs to Hindu Paraya
Community and father belongs to Hindu Ganaka Community.
Paraya Community is a Scheduled Caste Community, whereas,
Ganaka Community is an Other Backward Community (OBC).
When his name was short listed, he was asked to produce the
caste certificate. Ext.P7 certificate was issued by the Tahsildar,
the competent authority for issuance of caste certificate,
certifying that the petitioner belongs to Hindu Ganaka
Community (OBC) because as per the guidelines , in the
absence of any other materials, caste of the children should be
determined by the father’s caste. But, in the school certificate,
and earlier caste certificate, he was treated as belonging to
Paraya Community. According to the petitioner, he was born
and brought up in Paraya Community and he follows the
W.A.1493/2008 2
customs in the Paraya Community. Since his request to the
Collector was unsuccessful, he filed a complaint before the Lok
Ayukta making the Chief Secretary, Principal Secretary to
Government, District Collector etc. as parties. Lok Ayukta
considered the matter in detail and found that the petitioner
was born and brought up in Paraya Community and be belongs
to Hindu Paraya (Scheduled Caste) Community. A very
detailed order, considering all the contentions and legal points,
was passed by the Lok Ayukta. Accordingly, fifth respondent
was directed to issue the caste certificate in respect of the
petitioner as `Hindu Paraya Community’. The above decision
is not challenged. In fact, it is implemented. Tahsildar issued
Ext.P10 dated 29/12/2007 saying that the petitioner belongs to
Hindu-Paraya Community. It was produced before the Public
Service Commission. But, the PSC declined to receive it.
Hence, the writ petition was filed. The rank list is in force now
also and the new list is not yet published. Petitioner was
entitled to be considered and to be included in the rank list in
the turn of Hindu Paraya Community (S.C). Accordingly,
Ext.P10 certificate is direced to be accepted by the PSC and
when turn comes, before the expiry of the rank list, he should
be advised. But, since other advised candidates are not made
W.A.1493/2008 3
parties, all those candidates who were already advised will not
lose their seniority. Depending upon the rank of the petitioner,
he should be appointed in one of the next available vacancies.
The appeal is allowed to the above extent.
J.B.KOSHY
JUDGE
P.N.RAVINDRAN
JUDGE
tks