IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 WP(C).No. 10377 of 2008(I) PETITIONER: SANTHOSH KUMAR S., KUMPAZHA VEEDU ELAMADU P.O., AYUR, KOTTARAKARA, KOLLAM DISTRICT BY ADV. SRI.T.S.RAJASENAN RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY REVENUE DEPARTMENT, THIRUVANANTHAPURAM. 3. THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY KERALA PUBLIC SERVICE COMMISSION, PATTOM P.O. THIRUVANANTHAPURAM. 4. THE DISTRICT OFFICER KERALA PUBLIC SERVICE COMMISSION KASARGOD DISTRICT, KASARGOD. 5. THE TAHSILDAR, TALUK OFFICE KOTTARAKARA. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.10377 of 2008 ------------------------- Dated this the 27th day of March, 2008. JUDGMENT The 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 Kasargode District. The petitioner's mother belongs to Hindu Paraya Community and father Hindu Ganaka Community; the former is a Scheduled Caste and the latter is an Other Backward Community (OBC). Though in the application the petitioner claimed that he belongs to a Scheduled Caste, the certificate produced by him ultimately before the Commission Ext.P7 showed his caste as Hindu Ganaka Community (OBC). The list was published on 31.12.2007. The petitioner is included in the said list as rank No.314 in the OBC category. The petitioner seeks inclusion in the rank list as a Scheduled Caste candidate, taking note of his mother's caste. 2. After the publication of the rank list, the petitioner approached the Lok Ayukta seeking a direction to the 5th respondent to issue a community certificate to W.P.(C).NO.10377/08 :: 2 :: him showing his caste as Hindu Paraya. Ext.P9 order was passed by the Lok Ayukta holding that the 4th respondent therein has wrongly refused to issue the community certificate as prayed for by the petitioner. The Lok Ayukta referred to the judgment of the Full Bench in Indira v. State of Kerala {2005(4) KLT 119} and observed that a person claiming the status of SC or ST of his father or mother has to establish that on his or her birth, he or she is subjected to the same social disabilities and also following the same customs and traditions and the community has accepted that person in its fold. On the premise that the petitioner had been following the customs, traditions, rights and tenets of the SC community and that the said contention in the said complaint was not disputed by the respondents, the Lok Ayukata issued a direction to the 4th respondent therein viz., the 5th respondent herein to issue a community certificate showing the petitioner's caste as Hindu Paraya (SC). Pursuant to Ext.P9, Ext.P10 caste certificate was issued by the Tahsildar on 29.12.2007. The petitioner W.P.(C).NO.10377/08 :: 3 :: produced the same before respondents 1 and 2. The Commission rejected the petitioner's request under Ext.P11. This is under challenge in this writ petition. 3. The substantial issue, raised by the petitioner that the Public Service Commission should accept him as belonging to Hindu Paraya community, taking note of his mother's caste, will have to be answered against the petitioner. I have dealt with this issue in W.P.(C) No.34821/07. The issue is, therefore, covered against the petitioner. 4. Learned counsel for the petitioner submits that pursuant to Ext.P9 order of the Lok Ayukta, Ext.P10 certificate has been issued by the Tahsildar and the Commission is bound to take note of the said certificate. I do not agree. Ext.P7 certificate was produced by the petitioner showing his caste as OBC and this was accepted by the Commission. A caste certificate, which is issued by the Tahsildar pursuant to orders issued by the Lok Ayukta almost two years after the publication of the rank list, need not be taken note of by the commission. I W.P.(C).NO.10377/08 :: 4 :: do not find any error in the stand taken by the commission in this regard. Accordingly, the writ petition is bereft of merit and hence, the same is dismissed. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge