IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 WP(C).No. 6733 of 2009(J) --------------------------------- PETITIONER : ---------------- UMESH K., AGED 19 YEARS, S/O.KRISHNANKUTTY, MARATHONI HOUSE, PERINGOTTUKURISSI P.O., PERINGOTTUKURISSI - II VILLAGE, ALATHUR TALUK, PALAKKAD. BY ADV. MR.M.V.JOY SMT.DAYA. K.G.R. RESPONDENTS : ------------------- 1. THE TALUK TAHSILDAR, ALATHUR TALUK OFFICE, PALAKKAD DISTRICT. 2. THE VILLAGE OFFICER, PERINGOTTUKURISSI NO.II VILLAGE, PERINGOTTUKURISSI P.O., ALATHUR TALUK 3. THE DIRECTOR (RECRUITING) ARMY RECRUTING OFFICE, WEST HILL BARRACKS, CALICUT 4. UNION OF INDIA REP. BY SECRETARY, DEFENCE DEPARTMENT, NEW DELHI SPL.GOVERNMENT PLEADER MR.P.SANTHOSH KUMAR C.G.C.-MR.T.SANJAY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. --------------------------- W.P.(C) No. 6733 of 2009 ------------------------------------ Dated this the 2nd day of March, 2009 JUDGMENT Heard learned Government Pleader on behalf of the respondents 1 and 2 and the Additional Standing Counsel on behalf of the respondents 3 and 4. 2. Petitioner submits that he belongs to Thandan community, a Scheduled caste community eligible for reservation in the State of Kerala. Exhibit P1 is the relevant extract of S.S.L.C Book. According to the petitioner, was in pursuance to Exhibit P4, he appeared for the written examination for enrollment into Army and by Exhibit P5, he was informed that he is qualified in the written examination. By this communication, he has been asked to report before Office of the 3rd respondent on 4/03/2009 with the documents mentioned in Exhibit P5 which includes a Caste Certificate. The petitioner submits that although he is not claiming any benefit of reservation, since one of the documents to be produced is Caste certificate issued by the first respondent, on receipt of Exhibit P5, petitioner made an application to the first respondent. It is stated that thereupon an W.P.(C) No. 6733 /2009 2 enquiry was conducted by the second respondent. Thereafter, the second respondent by Exhibit P6 report to the first respondent stated that for want of supporting documents to sustain the claim made by the petitioner, he is not in a position to recommend the petitioner's case for issuing caste certificate as sought for. 3. It is at this stage, this writ petition has been filed praying to declare that the petitioner belongs to Thandan community and to direct the first respondent to issue Caste Certificate on that basis. 4. Admittedly, it is the first respondent, who has to pass orders on the application for Caste certificate made by the petitioner. In this case final orders does not seem to have been passed. On the other hand, second respondent conducted an enquiry and evidently, Exhibit P6 report is adverse to the petitioner. Now that Exhibit P6 has been received, it is for the first respondent to continue the enquiry conclude and pass final orders in this matter. This the first respondent shall necessarily do. 5. In the meanwhile, taking into account the statement W.P.(C) No. 6733 /2009 3 of the petitioner that he is not claiming any benefit of reservation and also Exhibit P5 communication requiring production of a Caste Certificate, I direct that the first respondent shall, on the production of copy of this judgment, issue a provisional Caste Certificate to the petitioner, certifying that the petitioner belongs to Thandan community. In the certificate, it should be made clear that it is pursuant to this judgment, that the certificate is issued and that the same is provisional and subject to an enquiry to be conducted. 6. It is also directed that the first respondent shall conclude enquiry in pursuance to Exhibit P6 and pass final orders in this matter on the basis of application made by the petitioner, without any further delay. Petitioner shall produce a copy of this judgment before the first respondent for compliance. ANTONY DOMINIC, JUDGE scm