IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 WP(C).No. 19400 of 2009(T) PETITIONER(S): D.SHAJIMON, KUZHIVILA VEEDU, THETTICHIRA, ANDOORKONAM P.O., POTHENCODE, THIRUVANANTHAPURAM. BY ADV. SRI.R.V.SREEJITH RESPONDENT(S): 1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, SC/ST DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, DISTRICT COLLECTORATE THIRUVANANTHAPURAM. 3. THE TAHSILDAR, TALUK OFFICE, THIRUVANANTHAPURAM. 4. THE VILLAGE OFFICER, ANDOORKONAM VILLAGE OFFICER, THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM. 5. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, OFFICE OF THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 6. DISTRICT OFFICER, DISTRICT OFFICE, KERALA PUBLIC SERVICE COMMISSION, KOZHIKODE. R1 TO R4 BY SPECIAL GOVERNMENT PLEADER SRI.SANTHOSH KUMAR R5 & R6 BY ADV.SRI.ALEXANDER THOMAS SC FOR PSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ---------------------------------------- W.P.(C).No.19400 of 2009 ---------------------------------------- Dated this the 28th day of July, 2009. JUDGMENT The petitioner was born as a Hindu- Pulaya, which is recognized as a Scheduled Caste Community. But later, he embraced Buddhism. He is now aggrieved that a caste certificate is not being issued to him showing 'as belonging to the Scheduled Caste community'. Reference is made to Ext.P1 dated 19.1.2004, wherein it is shown that the petitioner belongs to the Hindu-Pulaya Community, which is recognized as a Scheduled Caste. It was later that he embraced Buddhism. 2. The petitioner submits that notwithstanding the fact that he had embraced Buddhism, he will still be entitled to the benefits of a Scheduled Caste. Reference is also made to Ext.P3, a circular issued by the Government of India, Ministry of Social Welfare. W.P.(C).No.19400 of 2009 :: 2 :: The relevant portion of the same reads as follows: “In continuation of this Ministry's letter of even number dated 31.7.1990 on the above subject, I am directed to say that with the amendment of the Constitution (SCs) Orders, 1950 by the Constitution (Scheduled Castes) Order (Amendment) Act, 1990, the Scheduled Castes Communities which are included in the Presidential Orders and converted to Buddhist religion shall be deemed to be a member of the Scheduled Caste.” 3. This writ petition has been filed in the wake of reluctance on the part of the Village Officer to issue a caste certificate to the petitioner, after taking note of Ext.P3. 4. I heard learned counsel for the petitioner, the learned Government Pleader, and standing counsel for the Public Service Commission. W.P.(C).No.19400 of 2009 :: 3 :: 5. The Public Service Commission has been impleaded in the writ petition, in the light of the fact that the petitioner has been included in the rank list of Lower Division Clerk for Calicut District and he is required by the Public Service Commission vide Ext.P6 to produce a caste certificate showing that he belongs to the Scheduled Caste Community. It is further stated therein that if the petitioner fails to produce the caste certificate within 15 days therefrom, his name will stand deleted. Ext.P6 is also challenged in this writ petition. 6. Learned Special Government Pleader submits, on instructions, that the petitioner will be issued a fresh caste certificate showing him as belonging to Budhist-Pulaya. Therefore, he will be entitled to the benefits available to a Scheduled Caste. The W.P.(C).No.19400 of 2009 :: 4 :: certificate will be issued within a maximum period of one week from the date of production of a copy of this judgment. Such certificate shall, thereafter, be produced before the Public Service Commission, which shall then review the action taken in Ext.P6 on the basis of the certificate. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge