IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 WP(C).No. 7187 of 2009(P) -------------------------------------- PETITIONER(S): ------------------------ U.JESSY, D/O.Y.SUKUMARAN, AGED 37 YEARS, RESIDING AT THADATHARIKATHU VEEDU, VADHYARKONAM, PALAMKONAM, VENJARAMOODU, TRIVANDRUM-695 607. BY ADVS. MR.V.A.MUHAMMED MR.K.E.HAMZA RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, SCHEDULED CASTE/SCHEDULED TRIBE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE KERALA PUBLIC SERVICE COMMISSION REP.BY ITS SECRETARY, PATTOM, TRIVANDRUM. 3. THE TAHSILDAR, NEDUMANGAD, TRIVANDRUM DISTRICT. ADDL. R4 IS IMPLEADED 4. THE DIRECTOR OF KIRTADS, KOZHIKODE. ADDL. R4 IS IMPLEADED SUO MOTU AS PER JUDGMENT DT. 22.06.2009 BY GOVERNMENT PLEADER MR.SANTHOSH KUMAR FOR R1 BY ADVS. MR.ALEXANDER THOMAS,SC,KPSC FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.7187/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE RELEVANT PAGE OF THE SSLC BOOK DT. NIL. P2:- COPY OF THE CERTIFICATE ISSUED BY THE TAHSILDAR DT. 26.5.2000. P3:- COPY OF THE TRANSFER CERTIFICATE DT. 30.3.94. P4:- COPY OF THE RELEVANT PAGE OF THE RATION CARD DT, NIL. P5:- COPY OF THE CERTIFICATE IN PHYSICAL EDUCATION ALONG WITH THE MARK LIST DT. 29.7.94. P6:- COPY OF THE ADMISSION TICKET DT. NIL. P7:- COPY OF THE SHORT LIST PUBLISHED BY THE P.S.C. ST. 12.6.08. P8:- COPY OF THE INTERVIEW DT. 11.8.08. P9;- COPY OF THE CASTE CERTIFICATE ISSUED BY THE TAHSILDAR DT. 16.10.08. P10:- COPY OF THE RANK LIST PUBLISHED BY THE P.S.C. DT. NIL. P11:- COPY OF THE PARTICIPATION CERTIFICATE DT. NIL. P11(a):- COPY OF THE CERTIFICATE ISSUED BY THE GOVT. OF INDIA DT. NIL. P11(b):- COPY OF THE PARTICIPANT CERTIFICAT DT. NIL. P11(c):- COPY OF THE CERTIFICATE OF MERIT DT. 3.12.87. P11(d):- COPY OF THE CERTIFICATE OF MERIT DT. 3.12.87. P11(e):- COPY OF THE CERTIFICATE ISSUED BY THE KERALA STATE SPORTS CHAMPIONSHIP DT. 22.1.89. P11(f):- COPY OF THE CERTIFICATE ISSUED BY THE KERALA UNIVERSITY DT. 6.12.89. TRUE COPY P.A. TO JUDGE TSS T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.7187/2009-P ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 22nd day of June, 2009 J U D G M E N T The petitioner has approached this Court seeking for a direction to the P.S.C to include her name in the supplementary list of Scheduled Caste Community. She was an applicant to the post of Physical Education Teacher (HS) in the General Education Department. After coming out successful in the test, she was called for interview. She was also directed to produce the latest community certificate. But, when she approached the Tahsildar, she was directed to produce the certificate from any competent authority like the Kerala Hindu Mission/Aryasamaj showing that she still belongs to Hindu Cheramar Community. Accordingly, she produced a certificate and the Tahsildar issued Ext.P9 community certificate. The community certificate issued to her shows that she belongs to Hindu Cheramar Community. But when the ranked list was published, her name was not seen included. It is the case of the petitioner that she has not left Hinduism at any point of time. 2. Today, when the matter came up for hearing, the learned counsel for the petitioner submitted that the petitioner has received a notice W.P.(C). No.7187/2009 -:2:- dated 02/06/2009, issued by the Vigilance Cell, Directorate of KIRTADS, Kozhikode asking the petitioner to appear for an enquiry which was scheduled to be held on 10/06/2009 in the Taluk Office, Thiruvananthapuram, at 11 a.m. It is submitted that the said notice was received only on 11/06/2009 and hence, the petitioner could not appear. It is further submitted that the petitioner will co-operate with the enquiry and produce all the necessary documents and evidence, in support of her claim before the Vigilance Cell of the Directorate of KIRTADS. 3. The Director of KIRTADS, Kozhikode is impleaded suo moto as additional fourth respondent. 4. Therefore, the writ petition is disposed of directing the Director of KIRTADS to complete the enquiry in respect of the caste status of the petitioner after affording her an opportunity to produce evidence in support of her claim within two months from the date of receipt of a copy of this judgment. 5. Depending upon the outcome of the said enquiry, the Tahsildar will issue fresh certificate, which the petitioner will produce before the P.S.C. The Commission will take appropriate action in accordance with the said certificate and, if the decision is in favour of the petitioner, she will be W.P.(C). No.7187/2009 -:3:- assigned due rank in the ranked list without affecting the rights of persons who have already been advised from the said ranked list. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms