IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 WP(C).No. 11988 of 2008(B) -------------------------- PETITIONER: -------------- C.S.SURESH, SON OF AMMINI, AGED OF CHITTUKUNNEL HOUSE, MUPPATHADAM, N.PARUR TALUK. BY ADV. SRI.V.SANKARA RAJA SMT.T.T.JOSEPHINE RESPONDENTS: ---------------- 1. THE TAHSILDAR, N.PARUR TALUK, TALUK OFFICE, N.PARUR. 2. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PUBLIC SERVICE COMMISSION OFFICE, THIRUVANANTHAPURAM. 3. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, KALPPATTA, WAYANAD. R2 & R3 BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 11988/08 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF MARRIAGE REGISTER DATED 25.01.79 ISSUED FROM THE KERALA STATE HARIJAN SAMAJAM. EXT.P2 : TRUE COPY OF THE ORDER DATED 20.03.89 OF JFCM, PARUR. EXT.P3 : TRUE COPY OF CERTIFICATE NO.K.DIS.B3 506/2008 DATED 29.01.08 ISSUED BY TAHSILDAR, N. PARAVOOR. EXT.P4 : TRUE COPY OF CERTIFICATE NO.K.DIS B-3-563/08 DATED 01.02.08 ISSUED BY TAHSILDAR N. PARUR. EXT.P5 : TRUE COPY OF CERTIFICATE DATED 25.01.08 ISSUED BY THE HEADMANSTER, GHS, MUPPATHADOM. EXT.P6 : TRUE COPY OF THE RELEVANT PAGE OF SSLC BOOK OF THE PETITIONER. /TRUE COPY/ PA TO JUDGE S. SIRI JAGAN, J. ------------------------------------------------- W.P.(C)No. 11988 OF 2008 ------------------------------------------------- Dated this the 16th day of June, 2009 JUDGMENT The petitioner is an offspring of an inter caste married couple, of which the father is a backward Christian and the mother a Hindu-Pulaya Community. According to the petitioner while the petitioner was an infant, his father deserted him and his mother. Thereafter the petitioner's mother brought him up in her father's house. Her parents also belong to Hindu-Pulaya Community. Therefore according to the petitioner, he was brought up with all the social disabilities attached to a scheduled caste. Petitioner contends that in such circumstances, the petitioner is entitled to all reservation benefits applicable to a member of Hindu-Pulaya Community, which is recognised as a Scheduled Caste Community in Kerala. Petitioner applied for a community certificate to the 1st respondent. But the same has not been issued to the petitioner. Apparently the reason for the same is that the 1st respondent directed the petitioner to obtain a report from the Village Officer, Vanchiyoor within the jurisdiction of which the petitioner's father resides. It is under the WPC : 11988/08 -:2:- above circumstances the petitioner has filed the above writ petition seeking the following relief: i. to issue a writ of mandamus or other appropriate writ, order or direction, directing the 1st respondent to issue a community certificate to the petitioner as prayed for by him under Exhibit P8 application. The contention of the petitioner is that, since the petitioner has been brought up in the Hindu-Pulaya Community with all the social disabilities attached to the Community, the petitioner is entitled to a Community certificate as a Hindu-Pulaya, based on the Full Bench decision of this Court in Indira v. State of Kerala [2005(4) KLT 119]. The learned Government Pleader submits that now that the Government has issued a new Government Order, GO(MS) No.109/2008 dated 20.11.2008, whereby persons can claim Community status of the mother also, for the purpose of reservation benefits. The petitioner can apply afresh on the basis of that Government Order. In the above circumstances the writ petition is disposed of with the following directions: If the petitioner files a fresh application before the 1st WPC : 11988/08 -:3:- respondent for a Community Certificate, the 1st respondent shall consider the application in the light of the above said Government Order and issue a Community Certificate to the petitioner as expeditiously as possible, at any rate, within one month from the date of receipt of the application along with a copy of this judgment. S. SIRI JAGAN, JUDGE ttb