IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 30TH JULY 2010 / 8TH SRAVANA 1932 WP(C).No. 8917 of 2010(L) ------------------------- PETITIONER(S): --------------- ANOOP CHANDRAN, S/O.P.CHANDRASEKHARAN PILLA, SEEMA BHAVAN, NEAR BLOCK OFFICE, KOLLENGODE, PALAKKAD. BY ADV. SRI.H.BADARUDDIN RESPONDENT(S): --------------- 1. THE VILLAGE OFFICER, KOLLENGODE I VILLAGE, CHITTUR TALUK, PALAKKAD. 2. THE TALUK TAHASILDAR, CHITTUR TALUK, PALAKKAD. 3. THE DISTRICT COLLECTOR, PALAKKAD. 4. THE PRINCIPAL SECRETARY (REVENUE), THIRUVANANTHAPURAM. 5. THE SECRETARY, DISTRICT RECRUITMENT BOARD, KERALA PUBLIC SERVICE COMMISSION, CIVIL STN., PALAKKAD. ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R5 GOVT. PLEADER SHRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 8917 of 2010 ================== Dated this the 30th day of July, 2010 O R D E R The petitioner is an applicant before the 5th respondent for the post of Forest Guard. As per Ext.P2, candidates, who hail from the same district are entitled to weightage of five marks on production of a nativity certificate showing that he/she belongs to the same district, viz, Palakkad. The petitioner was born and brought up in Palakkad district. Therefore, Ext.P4 nativity certificate was issued to the petitioner, which as produced before the 5th respondent-Public Service Commission and the petitioner's application was processed on the basis of the said certificate. But to the chagrin of the petitioner, by Ext.P5 order, the Village Officer, Kollamkode, cancelled the nativity certificate on the ground that the parents of the petitioner do not belong to Palakkad district. The petitioner is challenging Ext.P5 in this writ petition. 2. I directed the learned Government Pleader to get instructions as to whether the petitioner was born and brought up in Palakkad district. The learned Government Pleader submits that the petitioner's father was from Kottayam district and the mother was from Pathanamthitta district. Therefore, the petitioner is not entitled to a nativity certificate from Palakkad in view of the Government order w.p.c.8917/10 2 GO(MS)No.205/83/RD. Dated 26.2.1983, is his contention. But he does not dispute the fact that the petitioner was born and brought up in Palakkad district. If the petitioner was born and brought in Palakkad district, I do not think that the petitioner can be denied a nativity certificate showing that he is a native of Palakkad district. Therefore, the cancellation of the petitioner's original nativity certificate is not in order. Accordingly, Ext.P5 is quashed. The 5th respondent is directed to process the candidature of the petitioner in accordance with Ext.P4 nativity certificate issued to the petitioner. Consequently, the rank of the petitioner in the rank list prepared by the 5th respondent shall be rearranged taking into account the five marks for nativity also and shall be advised in his turn based on such rearrangement. However, advice already made shall not be disturbed. The petitioner's seniority would be in accordance with the date of effective advice in accordance with his rearranged rank in the rank list. The writ petition is allowed as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge