IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 25028 of 2007(D) --------------------------------------- PETITIONER: ------------------- SARANYA DAS (MINOR), AGED 16 YEARS, D/O.SAKUNTHALA.V.K., VILANGATTIPADI, THEKKUMBHAGOM, TRIPUNITHURA -682 301, REPRESENTED BY HER MOTHER AND GUARDIAN SAKUNTHALA V.K., D/O.KARUMBAN, AGED 35 YEARS, VILANGATTIPADI, THEKKUMBHAGOM, TRIPUNITHURA- 682 301. BY ADVS. MR.PHILIP T.VARGHESE, MR.THOMAS T.VARGHESE. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE TAHSILDAR, KANAYANNUR. 3. THE VILLAGE OFFICER, NADAMA, TRIPUNITHURA. R1 TO R3 BY GOVT PLEADER MR. P. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.25028/2007-D: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CASTE CERTIFICATE ISSUED TO PETITIONER'S MOTHER DTD. 14/02/2005. EXT.P.2: COPY OF THE SSI. CERTIFICATE ISSUED TO THE PETITIONER DTD. NIL. EXT.P.3: COPY OF THE PAGES 1 AND 2 OF THE RATION CARD ISSUED TO PETITIONER'S MATERNAL GRANDMOTHER. EXT.P.4: COPY OF THE REPORT OF THE R.3. DTD. 13/06/2007. EXT.P.5: COPY OF THE CASTE CERTIFICATE S.R. NO. 4866/07/A5 DTD. 14/06/2007 ISSUED BY THE R.2. EXT.P.6: COPY OF THE G.O.(MS).NO.25/2005 DTD. 20/06/2005 ISSUED BY THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J. --------------------------- W.P.(C) No. 25028 of 2007 ------------------------------------ Dated this the 26th day of March, 2009 JUDGMENT Challenge in this writ petition is against Exhibit P5, a caste certificate issued to the petitioner showing her father's caste. This caste certificate was issued relying on Exhibit P6. However, during the pendency of this writ petition, Government have issued GO (M.S) No.109/2008 dated 20/11/2008 directing that certificates showing caste of the mother also can be issued subject to the conditions mentioned in the Government order. Since the claim of the petitioner is that she is entitled to the benefits available to a Scheduled Caste member, which is the caste of the mother, it will be open to the petitioner to make fresh application for the issuance of the caste certificate, in which event, it is directed that the same shall be considered by the second respondent in the light of Government order GO(M.S) No.109/2008 dated 20/11/2008 and orders shall be passed on such application. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE scm