IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 WP(C).No. 37871 of 2008(H) -------------------------- PETITIONER(S): --------------- PRAMEELA.M.K, W/O. AJITH.V.C, MADATHIPARAMBIL HOUSE, KANHIRAMATTAM.P.O, ERNAKULAM DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENT(S): --------------- 1. THE TAHSILDAR, KANAYANNUR TALUK, ERNAKULAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, SCHEDULED CASTES/SCHEDULED TRIBES DEVELOPMENT (G) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, ERNAKULAM. 5. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. SHRI.P.SANTHOSHKUMAR, SPECIAL GOVERNMENT PLEADER SHRI.ALEXANDER THOMAS, SC FOR PSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.37871/2008 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE CASTE CERTIFICATE OF THE MOTHER OF THE PETITIOENR ISSUED BY THE 1ST RESPONDENT SHOWING THAT SHE BELONGS TO HINDU PULAYAN COMMUNITY. P2 : COPY OF the CASTE CERTIFICATE ISSUED TO THE PETITIONER DATED 19/07/1999. P2(a) : COPY OF THE CASTE CERTIFICATE ISSUED TO THE PETITIONER DATED 05/2001. P3 : COPY OF THE RELEVANT EXTRACT FROM THE SCHOOL CERTIFICATE OF THE PETITIONER. P4 : COPY OF THE CERTIFICATE ISSUED BY THE GENERAL SECRETARY OF THE DISTRICT COUNCIL OF DALITH SERVICE SOCIETY. P5 : COPY F THE GO(MS)NO.109/2008/SCSTDD DATED 20/11/2008 ISSUED BY the GOVERNMENT. P6 : COPY OF THE NOTICE ISSUED BY THE PSC DATED 05/12/2008. P7 : COPY OF THE APPLICATION DATED 11/12/2008 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT IN THE PROFORMA. P7(a) : COPY OF THE APPLICATION SUBMITTED IN PLAIN PAPER BY THE PETITIONER TO THE 1ST RESPONDENT. P8 : COPY OF THE REPORT SUBMITTED BY the VILLAGE OFFICER, AMBALLUR TO THE TAHSILDAR ON EXT.P7 APPLICATION. P9 : COPY OF THE CERTIFICATE DATED 16/12/2008 ISSUED BY THE 1ST RESPONDENT. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.37871 of 2008 --------------------------------- Dated, this the 1st day of January, 2009 J U D G M E N T The petitioner is aggrieved by Ext.P9 caste certificate issued certifying that she belongs to Hindu Pattarya community, an OBC in the State. According to the petitioner, her application ought have been considered applying the principles laid down in Ext.P5 Government Order dated 20/11/2008, and that as Ext.P9 does not reflect consideration of the matter as above, Ext.P9 is illegal. The learned Government Pleader was also heard. 2. There is no dispute about the applicability of Ext.P5 Government Order. Ext.P5 also prescribes the conditions to be satisfied by a candidate for getting a certificate as mentioned therein. A reading of Ext.P9 shows that there has not been consideration of petitioner's application in the light of Ext.P5 Government Order. For that reason, Ext.P9 is unsustainable and therefore quashed. WP(C) No.37871/2008 -2- 3. Ext.P7 is the application that has been made by the petitioner for caste certificate to the 1st respondent. Therefore, the 1st respondent will have to necessarily reconsider the claim of the petitioner made as per Ext.P7 in the light of Ext.P5 Government Order referred to above, and decide the matter after conducting necessary enquiry. This the 1st respondent shall do as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment. The petitioner shall produce a copy of this judgment before the 1st respondent for compliance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg