IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 WP(C).No. 19517 of 2005(W) -------------------------- PETITIONER(S): --------------- T.AJITH,A GED 49, S/O.THANKAYYA, RESIDING AT PADMALAYAM, KANJIRAMKULAM. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, DEPARTMENT OF AGRICULTURAL, INCOME TAX AND SALES TAX, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE KERALA PUBLIC SERVICE COMMISSION, REP. BY ITS SECRETARY, OFFICE OF THE KERALA PUBLIC SERVICE COMMISSION, PATTOM. 4. THE TAHSILDAR, TALUK OFFICE, NEYYATTINKARA. 5. L.S.DEEPA, W/O.ADV.BABU PAUL, NELLICODE, THIRUPURAM P.O. NEYYATTINKARA, NOW WORKING AS MUNICIPAL SECRETARY GRADE III, VAKKOM MUNICIPALITY. GOVERNMENT PLEADER SRI.P. SANTHOSH KUMAR FOR R1, 2 & 4 SRI.ALEXANDER THOMAS, SC, KPSC FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF ADMISSION TICKET OF THE PETITIONER. EXT.P2 TRUE COPY OF THE INVITATION LETTER OF MARRIAGE OF 5TH RESPONDENT ON 8.11.2004. EXT.P3 TRUE COPY OF THE GOVT. ORDER DT.27.5.2000. EXT.P4 TRUE COPY OF THE NON-CREAMY LAYTER CERTIFICATE OF THE PETITIONER DT.10.9.2004. /TRUE COPY/ K. BALAKRISHNAN NAIR & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 19517 of 2005 W - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of February, 2009 JUDGMENT Balakrishnan Nair, J. The petitioner was an applicant to the post of Sales Tax Officer. He belongs to Hindu Nadar community. The 5th respondent was also an applicant and she was Rank No.1 in the Supplimentary list of Nadar, whereas the petitioner was Rank No.2 in the said list. The petitioner submits that the 5th respondent belongs to ceamy layer and the non-creamy layer certificate issued, enabling her to get the reservation, is illegal. The 4th respondent has issued the certificate without properly examining the parameters notified by the Government as per Ext.P3, Government Order. If the 5th respondent was not given the benefit of reservation as a Nadar candidate, the petitioner would have got appointment, it is submitted. 2. If the petitioner is aggrieved by the non-creamy layer certificate issued to the 5th respondent, his remedy is to approach W.P.(C).No. 19517 of 2005 2 the appropriate authority, challenging the certificate issued by the 4th respondent. Normally the P.S.C. is bound to respect the non-creamy layer certificate produced by the candidates. 3. In view of the above position, the Writ Petition is closed, without prejudice to the contentions of the petitioner and his right to move the competent authority, challenging the non-creamy layer certificate issued by the 4th respondent in favour of the 5th respondent, if so advised. If in invoking the remedy there is any time limit fixed, the period during which this Writ Petition was pending before this Court, shall be excluded. (K. BALAKRISHNAN NAIR) Judge (M.L. JOSEPH FRANCIS) Judge tm