IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 WP(C).No. 36816 of 2007(G) -------------------------- PETITIONER(S): --------------- JERRISH.M., S/O.MARY.M.S., AGED 27 YEARS, BETHANIKUNNEL HOUSE, KOOVAPPALLY P.O., KUDAYATHUR, IDUKKI DISTRICT. BY ADV. SRI.P.A.ABDUL JABBAR SRI.A.RAJAPPAN (VAIKAM) RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, SC/ST DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 3. TAHASILDAR, TALUK OFFICE, THODUPUZHA. GOVERNMENT PLEADER SRI.P.SANTHOSH KUMAR SRI.ALEXANDER THOMAS,SC,KPSC FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 36816/07. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE ADMISSION REGISTER FROM THE CMSUP SCHOOL, KOOVAPPALLY. P2. COPY OF THE TAX RECEIPT. P3. COPY OF THE 1ST PAGE OF RATION CARD. P4. COPY OF THE CASTE CERTIFICATE BY TAHSILDAR, THODUPUZHA. P5. COPY OF THE 1ST PAGE OF SSLC BOOK. P6. COPY OF THE CASTE CERTIFICATE3 ISSUED BY THE TAHSILDAR THODUPUZHA. P7. COPY OF THE DEGREE CERTIFICATE. P8. COPY OF THE INTERVIEW CARD. P9. COPY OF THE INTERVIEW CARD. P10. COPY OF THE INTERVIEW CARD. P11. COPY OF THE LETTER FROM R3. P12. COPY OF THE GOVT. ORDER DTD.22.3.05. P13. COPY OF THE GOVT. ORDER DTD.20.6.05. P14. COPY OF THE ORDINANCE 2006 REGARDING SC/ST. P15. COPY OF THE GOVT. ORDER DTD.27.4.07. P16. COPY OF THE GOVT. ORDER DTD.20.11.08. P17. COPY OF THE CASTE CERTIFICATE ISSUED BY R3 DTD.20.12.08. RESPONDENT(S)' EXHIBITS: R2A. COPY OF THE CIRCULAR DTD.25.2.06. B. COPY OF THE CIRCULAR DTD.20.12.08. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.36816 of 2007 ================== Dated this the 23rd day of May, 2009 J U D G M E N T The petitioner is an offspring in an inter caste marriage between a male belonging to the CSI Christian community which is a forward community and a female belonging to Christian Mala Arayan community, which is a scheduled tribe. According to the petitioner, following the mother's tribal status he is also entitled to reservation as applicable to scheduled tribes. When he applied for selection by the PSC to various posts, because the 3rd respondent did not issue community certificate necessary for proving his status as a scheduled tribe, the PSC refused to interview the petitioner for selection. It is at that time, the petitioner has approached this Court seeking following reliefs: “a) Issue a Writ of certiorari or any other appropriate writ, direction or order calling for the files leading to the issuance of Ext.P11 and quash the same as illegal. b) Issue a Writ of mandamus or any other appropriate writ, direction or order directing the 2nd Respondent to permit the petitioner to attend the interview to be conducted to the post of Veterinary Surgeon Grade II and Assistant Director in pursuance of Exts.P8, P9 and P10 without insisting to produce a latest caste certificate issued after 2005 and to give him appointment if he is otherwise qualified.” 2. As an interim measure this Court directed the Public Service Commission to provisionally interview the petitioner for the post of Veterinary Surgeon Grade II and Assistant Director in w.p.c.36816/07 2 pursuance of Exts.P8, P9 and P10. Subsequently, following the Full Bench decision of this Court in Indira v. State of Kerala [2005 (4) KLT 119], the Government issued Ext.P16 Government order giving reservation benefit to the offsprings of inter caste marriages following the mother's community status also. Pursuant thereto, the petitioner has been issued a community certificate certifying that he belongs to Christian Mala Araya, which is accepted as a scheduled tribe community. Now what remains is to assign the petitioner appropraite rank in the rank list published by the PSC pursuant to Exts.P8, P9 and P10 on the basis of the marks obtained by him in the interview. The petitioner therefore, confines his prayer for a direction to advise him also for the posts, for which he has been interviewed. 3. The learned standing counsel for the PSC opposes the prayer of the petitioner. According to him, the entire process of advising candidates is over and therefore, no further advice can be made. He also submits that in respect of the Veterinary Surgeon Grade II it has been decided to renotify the vacancy for selection and, therefore, the petitioner's case cannot be considered in respect of that notification. But the learned counsel for the petitioner submits that a decision to renotify was taken because the petitioner was the only candidate called for the interview and the PSC did not accept him as a scheduled tribe community member for want of production of community certificate. According to the petitioner, he shall not be w.p.c.36816/07 3 penalised for no fault of his. 4. I have considered the rival contentions in detail. 5. The petitioner could not produce the community certificate before the PSC only because the 3rd respondent did not issue the community certificate and not because of any fault of his. I am of opinion that the petitioner should not be put to prejudice because of the failure on the part of the 3rd respondent to issue community certificate. Now that the community status of the petitioner is confirmed and a community certificate has been issued by the 3rd respondent certifying that the petitioner belongs to the Schedule Tribe community, the petitioner should get the benefit of such certificate in the selection, in which he has participated. Accordingly, this writ petition is disposed of with the following directions: In the rank list which has been published by the PSC, the PSC shall include the petitioner in the rank list in accordance with the rank based on the marks obtained by the petitioner. If he comes within the zone of selection, he shall be advised if a vacancy is available or to the next vacancy that arises. In respect of the post for which the PSC claims that a renotification has been ordered, if the decision to renofify has been taken only for the reason that the petitioner has not proved his community status in time, the case of the petitioner for inclusion in the rank list in accordance with the notification already issued shall be considered on the basis of the marks received by him in the interview w.p.c.36816/07 4 and if he is eligible to be included in the rank list, he shall be advised and appointed to that post. A decision in this regard shall be taken and communicated to the petitioner within six weeks from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge