IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 WP(C).No. 12274 of 2008(J) ------------------------------------ PETITIONER(S): ------------------------ LAKSHMI.S.ARAVIND, HOUSE NO.7/1218, BILATHIKULAM, ERANJIPALAM, PIN 673006. BY ADV. MR.ROY CHACKO RESPONDENT(S): ------------------------- 1. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF ANIMAL HUSBANDARY, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. THE DISTRICT ANIMAL HUSBANDARY OFFICER, KOZHIKODE. 4. THE TAHSILDAR, AMBALAPPUZHA, ALAPPUZHA DIST. *ADDL. R5 IS IMPLEADED. 5. THE SECRETARY , DEPT . OF SCHEDULED CASTES & SCHEDULED TRIBES DEVELOPMENT, SECRETARIAT, THIRUVANANTHAPURAM. IS IMPLEADED AS PER ORDER DT. 29.7.2008 IN IA. 9544/08. ADV. MR.ALEXANDER THOMAS,SC,KPSC GOVERNMENT PLEADER MR.ANTONY MUKKATH ADDL.R5 BY ADV. MR.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 12274 of 2008-J - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of January, 2009. JUDGMENT The writ petition is filed challenging Exts.P4 and P5 by which the Tahsildar cancelled the community certificate issued to the petitioner and consequent upon which the Public Service Commission also issued a show cause notice under Rule 3 of the General Rules seeking to cancel the advice issued to her. 2. The petitioner had applied to the post of Veterinary Surgeon Grade II under the second respondent Department. She is rank No.1 in the rank list, based on which she was appointed as per Ext.P1. The petitioner's mother belongs to Ullada Caste which is recognised as Scheduled Tribe in terms of the Presidential Order 1950. His father belongs to Hindu Malayala Brahmin (Plappilly) community. Ext.P2 is the relevant extract of the SSLC certificate showing her caste as Ullada. The Tahsildar issued Ext.P3 “Sakshya Pathram” for producing before the Commission and later on it was informed as per Ext.P4 that the community certificate has been cancelled. The reason stated in Ext.P4 is that as the petitioner's father belongs to Hindu Malayala Brahmin community, the petitioner cannot be Wpc 12274/08 2 considered as one belonging to Hindu Ullada community. This was followed by Ext.P5 show cause notice issued by the Commission. When the writ petition came up for hearing on 10.4.2008, it was directed that the post to which the petitioner has been advised, will be kept vacant. In the event of the petitioner succeeding in the writ petition, she will be entitled to claim service benefits as due consequent on the appointment. The first respondent was directed to pass final orders on Ext.P5 after considering the explanation submitted by the petitioner, Ext.P6 and after hearing the petitioner, within a period of six weeks from that date. Thereafter, the Public Service Commission by Ext.P10, confirmed the provisional decision to cancel the advice. This court by an interim order dated 4.12.2008 directed the Tahsildar to conduct a fresh enquiry in terms of Ext.P11 Govt. Order after notice to and affording the petitioner to state her case and also to produce documents in support of her contention that she belongs to Ullada community. Final orders were directed to be passed within three months from the date on which the petitioner moves the Tahsildar along with a copy of the order. It was also directed that if, after such determination, the Tahsildar finds that the petitioner belongs to Ullada community, he shall issue necessary caste certificate in the prescribed form and also file an affidavit in this court as to the decision taken by him in the matter. 3. Subsequently, the petitioner has produced along with Wpc 12274/08 3 I.A.No.796/2009, the proceedings of the Tahsildar dated 9.1.2009, Ext.P12 along with the certificate, Ext.P12(a). In the enquiry, the Tahsildar found that she is entitled to be considered as belonging to Hindu Ullada community and accordingly community certificate was issued as per Ext.P12(a). 4. Heard the learned Standing Counsel for the Commission also. In the light of Ext.P12(a), Exts. P4, P5 and P10 will stand set aside. The petitioner will produce the original of Ext.P12(a) certificate before the Public Service Commission within a week. Now that it is found that she is entitled to be considered as belonging to Hindu Ullada community, she will be entitled to be advised and appointed to the post of Veterinary Surgeon Grade II. Appropriate action will be taken by the respondents within a period of three weeks thereafter. As ordered already in the interim order dated 10.4.2008 that she will be entitled to all service benefits, consequent on the appointment. The writ petition is allowed as above. No costs. The petitioner will produce a copy of this judgment before the Public Service Commission for compliance. (T.R. Ramachandran Nair, Judge.) kav/