IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 11TH OCTOBER 2010 / 19TH ASWINA 1932 WP(C).No. 1154 of 2004(K) ------------------------- PETITIONER(S): -------------------- DR.B.V.RENA KUMAR, KUMAR COTTAGE, VENNIYOOR, NELLIVILA P.O. VENGANOOR, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE RESPONDENT(S): ---------------------- 1. STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT, MEDICAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 3. THE TAHSILDAR, THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM. ADDL.R4. KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM REP. BY ITS SECRETARY. (ADDL.R4 IS IMPLEADED AS PER ORDER DT 2.7.04 IN IA.1981/04.) GOVERNMENT PLEADER SRI. DILEEP MOHAN SRI.ALEXANDER THOMAS,SC,KPSC FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.1154/04 APPENDIX PETITIONER'S EXHIBITS EXT.P1: PHOTOCOPY OF THE SECONDARY SCHOOL LEAVING CERTIFICAT OF THE PETITIONER'S FATHER SHRI.P.BHASKARAN. EXT.P2: PHOTOCOPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF THE PETITIONER'S MOTHER SMT.VIJAYAKUMARI M.K. ISSUED BY THE HEADMASTER,GIRLS SECONDARY SCHOOL, VENGANAD. EXT.P3: PHOTOCOPY OF the SECONDARY SCHOOL LEAVING CERTIFICATE OF THE PETIITONER DT 30.3.1987. EXT.P4: PHOTOCOPY OF the NOTIFICATION NO.290/03/SS V (RANKED LIST FOR TH EPOST OF LECTURER IN CARDIOLOGY) PUBLISHED BY THE KERALA PUBLIC SERVICE COMMISSION. EXT.P5: PHOTOCOPY of THE ADDENDUM NOTIFICATION NO.290/03/SSV DT 16.9.03 PUBLIHSED BY THE KERALA PUBLIC SERVICE COMMISSION. EXT.P6: PHOTOCOPY OF CERTIFICATE NO.A10-3018/03 DT 18.7.03 ISSUED TO THE PETITIOENR BY THE 3RD RESPONDENT. EXT.P7: PHOTOCOPY OF ORDER NO.F1/23865/00/DME DT 23.12.2003 OF THE DIRECTOR, DIRECTORATE OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. EXT.P8: PHOTOCOPY OF ORDER NO.A6/17218/03 DT 30.12.2003 OF THE 3RD RESPONDENT. EXT.P9: PHOTOCOPY OF THE CERTIFICATE DT 15.12.2003 ISSUED BY MEKKUMKARA SREE NELAKESHI MUDIPPURA DEVASWOM, VENGANOOR TO THE PETITIONER. EXT.P10: PHOTOCOPY OF THE CERTIFICATE DT 24.12.2003 ISSUED TO THE PETITIONER BY THE PRESIDENT, MUTHARAMMAN TEMPLE TRUST, VALIYAVILAKAM, BALARAMAPURAM. EXT.P11: PHOTOCOPY OF CERTIFICATE DT 2.1.2004 ISSUED TO THE PETITIONER BY AZHAKULAM SREE BHAGAVATHY TEMPLE TRUST, AZHAKULAM, VIZHINJAM P.O, THIRUVANANTHAPURAM. EXT.P12: TRUE COPY OF THE ORDER NO.A8/17218/2003 DT 16.1.2004 ISSUED BY THE 3RD RESPONDENT. WPC NO.1154/2004. -2- EXT.P13: TRUE COPY OF THE RANK LIST FOR the POST OF LECTURER IN MEDICINE PUBLISHED BY THE 4TH RESPONDENT. EXT.P14: TRUE COPY OF THE LIST OBTAINED FROM THE WEBSITE OF THE PUBLIC SERVICE COMMISSION AS ON 2.1.2004 WITH RESPECT OF LECTURER IN MEDICINE. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 1154 OF 2004 (K) ===================== Dated this the 11th day of October, 2010 J U D G M E N T The controversy in this writ petition is regarding the validity of Exts.P8 and P12 order passed by the Tahsildar. From Ext.P8, it would appear that, in July, 2003, petitioner made an application for a non creamy layer certificate on the basis that he belongs to Hindu Nadar Community. Accordingly, on the basis of the report of the Village Officer, he was issued a non creamy layer certificate showing the caste status of the petitioner as a Hindu Nadar. It would appear that subsequently certain complaints were received and enquiry was conducted by the Tahsildar. These enquiries disclosed that the petitioner had embraced Christianity and joined the Church of South India and on 6th September, 2000 married one Reshmi Douglas in accordance with the customs prevailing in the Church of South India. Further, enquiries also showed that the petitioner was baptized before embracing Christianity and on marriage with the aforesaid lady, he signed the marriage register maintained in the CSI Church, Karamana, Trivandrum. Thereupon, petitioner was given a notice asking him to submit his WPC No. 1154/04 :2 : explanations. In response, his father appeared before the Tahsildar on 21/11/2003 and gave his statement. Again, notice was issued calling upon the petitioner to appear on 15/12/2003, but he did not appear before the Tahsildar. On account of the above, Ext.P8, a provisional order proposing cancellation of the non creamy layer certificate was issued and the petitioner was given another opportunity. However, on the ground that the petitioner was laid up due to an accident, petitioner sought time. Accordingly extension was granted and thereafter also petitioner did not appear. In such circumstances, Ext.P12 order was issued by the Tahsildar on 16/1/2004 confirming Ext.P8 provisional order of cancelling the non creamy layer certificate of the petitioner. This writ petition is filed challenging these proceedings. 2. In this writ petition, the main contention raised is that before issuing Exts.P8 and P12, there was no enquiry conducted. It is also stated that Exts.P9, P10 and P11 certificates showed that the petitioner is still a Hindu Nadar as claimed by him. 3. In so far as the absence of enquiry contended by the learned senior counsel for the petitioner is concerned, a reading of Exts.P8 and P12 show that when complaint was received into WPC No. 1154/04 :3 : the caste status of the petitioner, enquiry was conducted, which showed that the petitioner had baptized as a Christian, married a Christian lady, signed the marriage register and was living as a member of the Church of South India. When these informations were disclosed, various opportunities were given to the petitioner and in none of these opportunities, did the petitioner or his father produced anything contradicting the aforesaid findings in the enquiry. 4. Thus, the fact of the petitioner having embraced Christianity, married a Christian and was living as a Christian were not in dispute. If that be so, it is obvious that the petitioner was no longer a member of Hindu Nadar Community and since the findings in the enquiry were not contradicted, no further enquiry was warranted. 5. In so far as Exts.P9, P10 and P11 certificates relied on by the petitioner are concerned, these certificates are issued by the Devaswom and Temple Trusts. Although these certificates suggest that the petitioner continued as a Hindu Nadar, there is not even an averment about the incorrectness of the findings contained in Exts.P8 and P12, in which event, I am not prepared WPC No. 1154/04 :4 : to rely on these self serving certificates now produced by the petitioner and hold that Exts.P8 and P12 are incorrect. That apart, if there is any truth in the contents of these documents now relied on, petitioner or his father could have produced those documents before the Tahsildar at the time when he was issued repeated notices giving opportunity to contradict the factual disclosures in the enquiry. In that view, these certificates also do not merit acceptance. 6. In the result, I do not find anything erroneous in Ext.P8 or Ext.P12 warranting interference. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE Rp