IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 WP(C).No. 23617 of 2007(J) -------------------------- PETITIONER(S): --------------- SABU JOSEPH Z., S/O. ZACHARIAS, KATTUVILA THADATHIL, PADAPPAKKARA P.O., KUNDARA, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): --------------- 1. THE TAHSILDAR, TALUK OFFICE, KOLLAM. 2. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM PALACE JUNCTION, THIRUVANANTHAPURAM. 3. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, THRISSUR. R1 BY GOVERNMENT PLEADER SMT. SMITHA SUKUMAR R2 & R3 BYADV. SRI.ALEXANDER THOMAS,SC,KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23617 of 2007 2 EXHIBITS ------------ PETITIONER'S EXHIBITS ------------------------------ P1:- THE TRUE COPY OF THE FIRST PAGE OF SSLC BOOK OF THE PETITIONER P2:- THE TRUE COPY OF THE COMMUNICATION NO:R VI (1) 1908/2007/JHI GRADE-2 (HEALTH DEPARTMENT) 580 DATED 18.07.2007 ISSUED BY THE 3RD REPONDENT. P3:- THE TRUE COPY OF THE CERTIFICATE DTD.27.07.2007 ISSUED BY THE PARISH PRIEST P4:- THE TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFICATION NO:8206/F3/2000/SC/ST/DD DATED 12.6.2000 P5:- TRUE COPY OF THE INTERIM ORDER ISSUED IN W.P(C).NO.22980/2007 DTD.30.7.07 //TRUE COPY// PA TO JUDGE THOTTATHIL B. RADHAKRISHNAN, J. ....................................................................... WP (C) NO. 23617 of 2007 ............................................... Dated this the 29th day of March, 2010 J U D G M E N T The petitioner claimed that he entitled to be treated as belonging to Other Christian Parava (OX) category. The claim of the petitioner in this case is covered against him by Judgment of the Division Bench in Rajan Vs. State of Kerala (2007 (1) KLT 730). However the petitioner is entitled to, and has already been considered as belonging to Latin Catholic community. Therefore following the decision mentioned of the Division Bench in W.A.No. 609/2008 and of the learned Single Judge in WP(C) No. 22980/2007, it is ordered that the petitioners creamy layer certificate shall be considered by the PSC by treating the petitioner as belongs to Latin Catholic community. Writ petition ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. rkc