IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 W.P(C).No. 7566 of 2008(A) --------------------------------- PETITIONER: --------------- ANIL BABU C.A., CHOORAMKOLLY HOUSE, NENMENIKUNNU P.O., CHEERAL, WAYANAD-673 595. BY ADV. SRI.S.M.PRASANTH RESPONDENTS: ----------------- 1. THE SECRETARY, MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT, SHASTRI BHAVAN, DR.RAJENDRA PRASAD ROAD, NEW DELHI-110 001. 2. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, GOVT. OF KERALA, THIRUVANANTHAPURAM. 3. THE TAHSILDAR, SULTHAN BATHERY TALUK, SULTHAN BATHERY P.O., WAYANAD DISTRICT. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, WAYANAD. BY SPL. GP, SRI. P. SANTHOSH KUMAR ADV. SRI. ALEXANDER THOMAS, SC FOR PSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 7566 OF 2008 A = = = = = = = = = = = = = = = = Dated this the 7th March, 2008 J U D G M E N T A declaration is sought for in this writ petition, that the petitioner belongs to a Scheduled Caste. Petitioner also seeks a direction to the 3rd respondent to issue a certificate indicating that the petitioner belongs to a Scheduled Caste. 2. According to the petitioner, he belongs to Pathiyaan in Wayanad District and therefore he belongs to Scheduled Caste. It is contended that the inclusion of this category in the list of Scheduled Caste was conceded by the Government of India, before this Court and the same has been recorded in Ext. P1 judgment. Petitioner contends that by virtue of the inclusion of Pathiyaan in the list of Scheduled Caste there cannot be any further dispute on his entitlement and therefore the respondents should issue a certificate W.P.(C) No. 7566 OF 2008 -2- as demanded by him. 3. Learned Govt. Pleader appearing on behalf of the Government on the other hand would argue for the position that Pathiyaan caste, the members of which are washermen, is included in the category of Scheduled Caste. He would further contend that there is yet another caste by name Pathiyan which is recommended for inclusion among the Scheduled Tribes, but are now categorized as O.E.C. categories for educational benefits. According to the learned Govt. Pleader those people like the petitioner belonging to Wayanad District are belonging to Pathiyan and is therefore ineligible for S.C. status. 4. From the above it is evident that the factual controversy is very narrow. The fact that Pathiyaan is a Scheduled Caste is not disputed by either parties. The question is whether the petitioner belongs to that category. While the petitioner asserts that he belongs to that category, the learned Govt. Pleader contradicts the same. This necessarily calls for an enquiry and the competent officer is none other than the 2nd respondent. Even according to the petitioner, the petitioner has not filed any application before the 3rd respondent for the issue of a certificate. Necessarily, therefore W.P.(C) No. 7566 OF 2008 -3- the petitioner has to make an application to the 3rd respondent and on receipt of which it is for the 3rd respondent to conduct an enquiry an decide on the caste status of the petitioner. 5. In support of his contention, the petitioner relied on the judgment of the Apex Court in Palghat Jilla Thandan Samudaya Samrakshana Samithi v. State of Kerala {1994 (1) KLT 118}. Though the learned Govt. Pleader would state that this judgment has, by virtue of the amendment in the list of Scheduled Case, this judgment lost its significance, still, I am not in a position to accept the contention of the learned counsel for the petitioner. This judgment cannot be taken as one prohibiting an enquiry into the caste status of a person when a dispute is raised. In my view, when an application for a certificate as noticed in this case is made, the competent authority is always entitled to go into the correctness of the same. 6. Therefore, this writ petition is disposed of directing that if and when the petitioner makes an application to the 3rd respondent for a certificate indicating his caste status, the 3rd respondent shall consider the same, conduct an enquiry as he deems appropriate and pass orders in accordance with law. If an application is so made by W.P.(C) No. 7566 OF 2008 -4- the petitioner as indicated above, the 3rd respondent shall conduct an enquiry and pass final orders thereon as expeditiously as possible, at any rate within 10 days from the date of receipt of the application. Petitioner shall produce a copy of this judgment before the 3rd respondent for compliance. ANTONY DOMINIC JUDGE jan/-