IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 20762 of 2008(V) ------------------------------------ PETITIONER: ------------------- HAROLD VINCENT D., AGED 36 YEARS, S/O DOMINIC, PULLANGI VILA, KANJIRACODE, KUNDARA P.O., KOLLAM. BY ADV. SRI.V.JAYAPRADEEP RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. TALUK OFFICER, KOLLAM. 3. KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS DISTRICT OFFICER, THRISSUR, VISITORS BUILDING, THRISSUR. BY GOVERNMENT PLEADER FOR R2 SPECIAL GOVERNMENT PLEADER FOR SC/ST - SRI. P. SANTHOSH KUMAR SRI. ALEXANDER THOMAS, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ================== W.P(C)No. 20762 of 2008 ================== Dated this the 23rd day of July, 2008. J U D G M E N T The petitioner claims to be a Christian Parava who according to the petitioner comes within the category of “Other Christians” for the purpose of reservation in Government employment. The petitioner therefore seeks a direction to the 2nd respondent to issue a community certificate showing the petitioner as “Other Christian”. The learned Special Government Pleader submits that the petitioner is only a Latin Catholic and the community certificate showing him as a Latin Catholic can be issued to him, provided he repays the educational concession which he has received as a scheduled caste claiming himself to be a Christian Parava and also he makes necessary publication in the official gazette correcting his community in the S.S.L.C. certificate as Latin Catholic. 2. I am of opinion that for the purpose of issuing a W.P(C)No. 20762 of 2008 - 2 - community certificate to the petitioner, it is not necessary that the above procedure as suggested by the Special Government Pleader should be complied with. If on the basis of enquiry made by the 2nd respondent, the 2nd respondent is satisfied that the petitioner is a Latin Catholic a community certificate has to be issued to the petitioner to that effect. Of course it would be open to the respondents 1 and 2 take appropriate action to recover any amounts of concession which the petitioner has received irregularly by taking appropriate proceedings in that regard separately. However, that shall not stand in the way of issuing community certificate to the petitioner. I also do not think that for that purpose any correction in the records is mandatory since according to the respondents the community shown in the records is wrong. That should be left to the petitioner's choice, if he wants to keep his records correct with the consequences he may suffer on account of such non-correction. W.P(C)No. 20762 of 2008 - 3 - Accordingly, I dispose of this writ petition with a direction to the 2nd respondent to issue a community certificate to the petitioner showing his actual community within a period of one week from the date of receipt of a copy of this judgment. In order to make the records correct the petitioner may take appropriate steps to get his community corrected in the official records in tune with the community certificate to be issued by the 2nd respondent as above. The 3rd respondent shall give the petitioner three weeks time to produce the community certificate if the same is required for inclusion of the petitioner's name in any rank list prepared or to be prepared by them. S.SIRI JAGAN, JUDGE rhs