IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 WP(C).No. 32282 of 2009(E) -------------------------- PETITIONER(S): --------------- ANISHA C.S., KRISHAVILASAM BUNGLOW C. R.C.STREET, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.N.RADHAKRISHNAN RESPONDENT(S): --------------- 1. THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PSC OFFICE, PATTAM, PALACE P.O., THIRUVANANTHAPURAM. 2. THE TAHSILDAR, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT. 3. THE VILLAGE OFFICER, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT. MR.ALEXANDER THOMAS,SC,KPSC FOR R1 MRS.ANU SIVARAMAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.32282 of 2009 (E) --------------------------------- Dated, this the 9th day of December, 2009 J U D G M E N T The Public Service Commission invited applications for the post of Confidential Assistant Grade II in various departments. The petitioner submitted application showing her caste status as LC Christian-Nadar. Subsequently, it is stated that she married to a person, who belongs to Hindu-Nadar. Thereupon, the petitioner claims to have converted to that community. 2. When the PSC called upon the petitioner to produce certificates for verification, the petitioner produced Ext.P6, which showed her caste status as Hindu-Nadar. In Ext.P11 ranked list published, her name has been included at Sl.No.138 without giving her the benefit of reservation. It is thereupon that the petitioner filed this writ petition praying that she should also be treated as LC -Nadar or as Hindu-Nadar. 3. The PSC has filed a statement. According to the PSC, what they expect from an applicant when called upon to produce WP(C) No.32282/2009 -2- certificates for verification, is to produce certificates substantiating the claim made in the application. It is stated that Clause 18 of the General Conditions provides that claims made subsequent to the application will not be considered under any circumstances. According to the PSC, the petitioner did not produce certificate substantiating the caste status claimed in the application and therefore she has been treated as a general candidate. 4. I heard counsel appearing for both sides. 5. When an application is made, the applicant is required to disclose her caste status particularly when benefit of reservation is claimed. In this case, the petitioner made a declaration in the application that she belonged to LC Christian-Nadar. When she was called upon to appear for certificate verification, she has to produce documents, which are required to substantiate the claims made in the application. Therefore, she ought to have been produced the certificate certifying that she belonged to LC Christian - Nadar. As against this, admittedly, the petitioner produced Ext.P6 showing her caste status as Hindu-Nadar. This attracts Clause 18 of the General Conditions which provides that any claim made subsequent to the WP(C) No.32282/2009 -3- making of the application will not be considered. If that be the situation, the PSC could not have extended the benefit of reservation to the petitioner. Therefore, I find merit in the action of the PSC in treating the petitioner as a general candidate. The writ petition fails and is accordingly dismissed. (ANTONY DOMINIC, JUDGE) jg