IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 WP(C).No. 31161 of 2006(I) ------------------------------------- PETITIONER: ------------------ JOSE BERNARD, JOSE BUNGLOW, VILANTHARA P.O., WEST KALLADA, SASTHAMCOTTA, KOLLAM. BY ADV. SRI.A.RAJASIMHAN RESPONDENTS: ----------------------- 1. SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 2. DISTRICT OFFICER, DISTRICT OFFICE, KERALA PUBLIC SERVICE COMMISSION, KANNUR. 3. SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 4. SECRETARY TO GOVERNMENT, DEPARTMENT OF JAILS, SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R1,2 BY GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.31161/2006 JUDGMENT Infructuous. Dismissed 29.08.2008 SD/- KURIAN JOSEPH, JUDGE /TRUE COPY/ P.S. TO JUDGE tss K.K.DENESAN, J. ----------------------------- WP(C)No.31161 OF 2006 ----------------------------- Dated this the 24th November, 2006. JUDGMENT The petitioner is a candidate who filed an application for the post of Laboratory Assistant in the Higher Education Department and for the post of Male Warden in Jails Department. He filed the application based on the education records in his possession. Ext.P4 is the photostat copy of page No:3 of the S.S.L.C book of the petitioner. Against the column religion what is written is 'Latin Christian'; against the column caste what is written is 'converted from Parava'. Ext.P5 order shows that the petitioner had been enjoying the benefit of educational concessions exclusively applicable to students belonging to scheduled caste communities. He received the benefit and long thereafter for reasons best known to him refunded the amount by Ext.P5 chalan receipt. The petitioner has produced Ext.P6 letter issued by the Scheduled Caste Development Officer, Kollam addressed to the Tahsildar, Kunnathur informing the latter that a sum of Rs.685/- appropriated by the petitioner from the above department showing that he belongs to Christian Parava was remitted back. Ext.P7 is the certificate issued by the Tahsildar, Kunnathur Taluk on 3.11.2003 which shows that the WPC 31161/2006 2 petitioner belongs to Christian Latin Catholic which is recognised as OBC in Kerala State and that the caste shown as Latin Christian converted from Parava, Scheduled Caste shown in the school records is not correct. 2. The petitioner has not taken any steps to see that the entries made in page No:3 of the S.S.L.C book are corrected. Ext.P7 does not show the kind of enquiry the Tahsildar conducted before issuing a certificate in the nature of Ext.P7. Union of India as well as State Governments have issued strict instructions for the proper guidance of revenue authorities and other authorities who are to issue caste certificate to conduct proper enquiry before issuing such certificate. This is so for the reason that no person who does not belong to a particular community which is entitled to the benefit of reservation in the matter of employment of educational concessions shall avail such benefit to the prejudice of those who deserve it and also by defrauding the authorities. It is not understood how the entries as seen in the S.S.L.C book happened to be made. Though the petitioner claims that he is not a convert from Parava community and that his forefathers also were Latin Catholics, no material whatsoever has been produced along with this writ petition in support of such plea. There is no claim by the WPC 31161/2006 3 petitioner that he is entitled to get the benefit of Scheduled Caste community. He cannot make any such claim because the benefit he had derived as a student belonging to Parava community has been refunded. Then the question is whether he is a Christian converted from other religion or a person who belongs to the Latin Catholic community by birth and by inheritance. None of these details are seen made in the writ petition nor any material produced along with the writ petition. Looking at the entries made in the S.S.L.C book, the Public Service Commission before whom he has given the benefit of reservation directed him to produce appropriate certificate. The certificate called for was to the effect that he belongs to a community which would be entitled to get reservation under O.X quota and if so the creamy layer certificate also will have to be produced. According to the petitioner the PSC is not entitled to insist that the petitioner shall produce certificate showing that he comes within the group called O.X. 3. Even assuming that the above contention of the petitioner is correct, the petitioner cannot get over the situation by producing certificates in the nature of Exts.P7 and P8. He should have taken steps to see that mistakes, if any, in the S.S.L.C book corrected at the WPC 31161/2006 4 appropriate time. Ext.P7 certificate produced requires to be re-examined in order that the caste, community and religion of the petitioner is correctly ascertained. If the petitioner is entitled for the benefit of a reserved community, proper identification of that community is necessary. Such a thing the PSC may not be able to do by going through the various certificates produced by the petitioner. 4. According to the Commission petitioner is eligible to be included if at all only in the supplementary list. His register number has been included in the short list based on the caste particulars shown by him. If he belongs to Latin Catholic community the certificate to that effect obtained from the competent authorities must be acquired and such certificate shall not be inconsistent with the entries made in the S.S.L.C book. It is this confusion that has compelled the Commission to ask for proper certificates. Hence, the petitioner cannot find fault with the Commission for not acting blindly on the basis of the claim made by him. Hence, without prejudice to the right of the petitioner to approach the District Collector, Kollam for issuing a proper certificate after due enquiry into the matter, this writ petition is disposed of. 5. The District Collector, on receipt of proper WPC 31161/2006 5 application from the petitioner shall conduct necessary enquiry into the matter including the materials relied on by the Tahsildar and the Village Officer concerned and thereafter take appropriate decision regarding the case or religious status of the petitioner. If such a certificate is produced by the petitioner within three weeks from today, the same shall be considered by the respondent- Commission and appropriate action taken in accordance with law. The petitioner shall be permitted to participate in the further selection process including physical measurement etc. in terms of Ext.P3. The District Collector, Kollam is directed to take expeditious enquiry regarding the caste status of the petitioner and take appropriate decision and communicate the same to the petitioner within two weeks. Writ petition is disposed of accordingly. K.K.DENESAN Judge jj