IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 OP.No. 32044 of 2002(M) ----------------------- PETITIONER(S): --------------- M.KRISHNANKUTTY, S/O.MUTHU ALIAS KORAPPAN MUTHUKATTIL HOUSE, THENKURRISSI-II VILLAGE, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.JOHN JOSEPH(ROY) SRI.JEFRIN MANUEL RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE TAHSILDAR, ALATHUR TALUK OFFICE, ALATHUR, PALAKKAD DISTRICT. 3. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED THROUGH THE DISTRICT OFFICER, PALAKKAD DISTRICT, CIVIL STATION, PALAKKAD. ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R3 R1 AND R2 BY GOVERNMENT PLEADER SRI. SANTHOSH THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 16/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP 54174/02, I.A. NO. 11584/2004 & I.A. 2728 OF 2005, ALL IN O.P. 32044/2002 DISMISSED 16.6.2009 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE CASTE CERTIFICATE ISSUED TO THE FATHER OF THE PETITIONER DATED 27.2.1985 EXT.P2 TRUE COPY OF THE SCHOOL ADMISSION REGISTER OF THE MOTHER OF THE PETITIONER. EXT.P3 TRUE COPY OF THE 3RD PAGE OF THE SSLC BOOK OF THE PETITIONER. EXT.P4 TRUE COPY OF THE CASTE CERTIFICATE ISSUED TO THE PETITIONER DATED 5.6.1986 EXT.P5 TRUE COPY OF THE CASTE CERTIFICATE ISSUED TO THE BROTHER OF THE PETITIONER DATED 10.7.78 EXT.P6 TRUE COPY OF THE CASTE CERTIFICATE ISSUED TO THE SISTER OF THE PETITIONER DATED 26.2.1982 EXT.P7 TRUE COPY OF THE SCHOOL ADMISSION REGISTER OF THE PETITIONER FROM HIGH SCHOOL. EXT.P8 TRUE COPY OF THE LETTER ISSUED BY THE THIRD RESPONDENT DATED 9.11.2001 TO PETITIONER. EXT.P9 TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 16.8.2002 EXT.P10 TRUE COPY OF THE CASTE CERTIFICATE ISSUED TO THE PETITIONER IN FURTHERANCE TO THE PROCEEDINGS DATED 16.8.2002 EXT.P11 TRUE COPY OF THE ORDER ISSUED BY THIS HON'BLE COURT IN THE PETITION SUBMITTED BY THE BROTHER OF THE PETITIONER IN OP 1219 OF 2000 EXT.P12 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN OP 8909 OF 1994 DATED 10.1.2002 EXT.P13 TRUE COPY OF THE ORDER IN CMP NO.8017 OF 2002 IN W.A. NO. 2989OF 2002 DATED 10.3.2003 OF THIS HON'BLE COURT. EXT.P14 TRUE COPY OF THE INTERVIEW LETTER DATED 7.2.2004 OF THE KERALA PUBLIC SERVICE COMMISSION. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O. P. NO. 32044 OF 2002 -------------------------------------------- Dated this the 16th day of June, 2009 JUDGMENT O.P. was filed in 2002 when petitioner participated in the selection process for appointment as HSA. His claim is that he should be considered in the quota reserved for SC caste. According to him his community that is Thandan from Alathur in Palakkad District is a SC community. This Court passed interim orders stating that petitioner should be considered for selection under quota reserved for SC, but only on production of community certificate proving eligibility. Even though petitioner got listed in the additional list, the Tahsildar did not issue certificate as petitioner was found to be not a member of the SC community. This order issued vide Ext.P11 is under challenge in this WPC. Petitioner stated that he filed appeal before the RDO nd the same is still pending. 2. Special Government Pleader appearing for the Govt. submitted that petitioner's sister made similar claim and Government conducted enquiry which led to G.O.No. 34/90 dated 25.9.1990 whereunder petitioner's community was found to be Ezhava 2 community, though called Thandan, and hence ineligible to be treated as SC. Even though order was in the name of the petitioner's sister, petitioner pretends ignorance of the said order. Since petitioner's sister is also affected person, I do not know why she gave up the claim as member of SC community. Admittedly she has not challenged the order and the same has become final. Even if petitioner's argument that Government did not communicate the order to his sister is accepted, then it is obvious that petitioner's sister did not pursue her demand to be treated as member of SC community. In any case I do not think there is any scope for considering petitioner's eligibility for employment for the post to which he applied for because standing counsel for PSC submitted that the list expired way back in 2005. In the circumstances, claim if any arises only in fresh recruitment by PSC. W.P.C. is therefore closed leaving freedom to the petitioner to collect Govt order referred to above issued in the name of his sister and challenge it if it is not tenable. Special Government Pleader will obtain and handover a copy of the above referred Govt. order to the petitioner's counsel without any delay. (C.N. RAMACHANDRAN NAIR) Judge kk 3