IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27967 of 2008(D)
1. THE TAHSILDAR, TALUK OFFICE,
... Petitioner
Vs
1. P. DEVAKI, MANAKKAL HOUSE,
... Respondent
2. KERALA LOK AYUKTA, THIRUVANANTHAPURAM
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.RAM MOHAN.G.
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :16/02/2009
O R D E R
ANTONY DOMINIC, J.
-------------------------
W.P.(C.) No.27967 of 2008
---------------------------------
Dated, this the 16th day of February, 2009
J U D G M E N T
The 1st respondent is the mother of Mr.Midhun. It is stated
that the 1st respondent belongs to Hindu-Kanikkar, a scheduled
Tribe community, and her husband is Hindu-Nair. As Mr.Midhun
wanted to apply for the entrance examination, he being a minor, the
1st respondent made Ext.P1 application for issue of a caste certificate
to the effect that Mr.Midhun belongs to Hindu-Kanikkar, a Scheduled
Tribe community. On the basis that, in terms of the Government
Orders then prevailing, certificate showing the caste status of the
father alone could be issued, the petitioner refused to issue the caste
certificate. That made the 1st respondent mother to approach the
Kerala Lok Ayukta by filing complaint No.265/2008. In that
proceedings, Ext.P2 order was passed by the Lok Ayukta directing
the petitioner to issue caste certificate to Mr.Midhun, son of the 1st
respondent, to the effect that he is belonging to Hindu-Kanikkar
community for education purposes. It is challenging Ext.P2, the writ
petition is filed.
2. It is the admitted case that subsequent to Ext.P2 order,
WP(C) No.27967/2008
-2-
Ext.R1(e) Government Order, GO(MS) No.109/2008/SCSTDD dated
20/11/2008, has been issued authorising the authorities to issue
caste certificate showing the caste status of the mother, provided
the conditions mentioned therein are satisfied. In the light of Ext.R1
(e) Government Order, it is only appropriate that the claim of the 1st
respondent for issuing the caste certificate to Mr.Midhun, her son, is
reconsidered.
3. Therefore, I quash Ext.P2 and direct the 1st respondent to
file a fresh application to the petitioner, in which case the petitioner
shall consider the same in the light of Ext.R1(e) Government Order,
referred to above and pass orders thereon.
4. The learned counsel for the 1st respondent submits that
she has to get the new certificate before 26/02/2009, the last date
notified for making application for All India Medical Entrance
Examination. Taking into account the urgency pointed out by the
learned counsel for the 1st respondent, I direct the petitioner to
conduct enquiry on an expeditious basis, and endeavor to issue the
caste certificate before 25/02/2009.
5. If, for some reason, it is not possible to conclude the
enquiry before 25/02/2009, the petitioner shall issue a provisional
WP(C) No.27967/2008
-3-
certificate, so that the 1st respondent’s son can make the application
in time. However, it shall be made clear that the certificate issued
will be subject to the out come of the enquiry and final orders.
The writ petition is disposed of as above.
(ANTONY DOMINIC, JUDGE)
jg