IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 WA.No. 1493 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.10377/2008 Dated 27/03/2008 .................... APPELLANT: PETITIONER IN W.P: -------------------------------------------------- SANTHOSH KUMAR.S, KUMPAZHA VEEDU, ELAMADU P.O, AYUR, KOTTARAKARA, KOLLAM DISTRICT. BY ADV. SRI.T.S.RAJASENAN RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, THIRUVANANTHAPURAM. 3. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM P.O, THIRUVANANTHAPURAM. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KASARGOD DISTRICT, KASARGOD. 5. THE TAHSILDAR, TALUK OFFICE, KOTTARAKARA. BY GOVERNMENT PLEADER SRI. SANTHOSHKUMAR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25/07/2008,HE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- W.A.No.1493 OF 2008 ------------------------------------- Dated 25th July, 2008 JUDGMENT Koshy,J . Appellant/petitioner is included in the rank list published by the Public Service Commission for the post of Lower Division Clerk in Various Departments in the Kasaragode District. His mother belongs to Hindu Paraya Community and father belongs to Hindu Ganaka Community. Paraya Community is a Scheduled Caste Community, whereas, Ganaka Community is an Other Backward Community (OBC). When his name was short listed, he was asked to produce the caste certificate. Ext.P7 certificate was issued by the Tahsildar, the competent authority for issuance of caste certificate, certifying that the petitioner belongs to Hindu Ganaka Community (OBC) because as per the guidelines , in the absence of any other materials, caste of the children should be determined by the father's caste. But, in the school certificate, and earlier caste certificate, he was treated as belonging to Paraya Community. According to the petitioner, he was born and brought up in Paraya Community and he follows the W.A.1493/2008 2 customs in the Paraya Community. Since his request to the Collector was unsuccessful, he filed a complaint before the Lok Ayukta making the Chief Secretary, Principal Secretary to Government, District Collector etc. as parties. Lok Ayukta considered the matter in detail and found that the petitioner was born and brought up in Paraya Community and be belongs to Hindu Paraya (Scheduled Caste) Community. A very detailed order, considering all the contentions and legal points, was passed by the Lok Ayukta. Accordingly, fifth respondent was directed to issue the caste certificate in respect of the petitioner as `Hindu Paraya Community'. The above decision is not challenged. In fact, it is implemented. Tahsildar issued Ext.P10 dated 29/12/2007 saying that the petitioner belongs to Hindu-Paraya Community. It was produced before the Public Service Commission. But, the PSC declined to receive it. Hence, the writ petition was filed. The rank list is in force now also and the new list is not yet published. Petitioner was entitled to be considered and to be included in the rank list in the turn of Hindu Paraya Community (S.C). Accordingly, Ext.P10 certificate is direced to be accepted by the PSC and when turn comes, before the expiry of the rank list, he should be advised. But, since other advised candidates are not made W.A.1493/2008 3 parties, all those candidates who were already advised will not lose their seniority. Depending upon the rank of the petitioner, he should be appointed in one of the next available vacancies. The appeal is allowed to the above extent. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks