IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 WP(C).No. 27967 of 2008(D) -------------------------- PETITIONER(S): --------------- THE TAHSILDAR, TALUK OFFICE, NEDUMANGAD TALUK,TRIVANDRUM. BY MR.D.SANTHOSH KUMAR, GOVERNMENT PLEADER RESPONDENT(S): --------------- 1. P. DEVAKI, MANAKKAL HOUSE, SATHRAKKUZHI, PALODE, PACHA P.O., TRIVANDRUM. 2. KERALA LOK AYUKTA, THIRUVANANTHAPURAM REPRESENTED BY ITS REGISTRAR. ADV. SRI.RAM MOHAN.G. FOR R1 SRI.G.P.SHINOD FOR R1 SRI.MANU V. FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.27967/2008 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE COMPLAINT NO.265/2008. P2 : COPY OF THE ORDER DATED 16/06/2008. RESPONDENT'S EXHIBITS R1 : COPY OF THE RELEVANT PAGE OF THE SECONDARY SCHOOL LEAVING CERTIFICATE. R1(a) : COPY OF THE CERTIFICATE ISSUED BY THE HEADMISTRESS OF THE DARSANA HIGHER SECONDARY SCHOOL, NEDUMANGAD. R1(b) : COPY OF THE CERTIFICATE NO.B2 18968/2000 DATED 13/07/2000 ISSUED BY THE TAHSILDAR, NEDUMANGAD. R1(c) : COPY OF THE CERTIFICATE NO.B2-9617/2003 DATED 18/06/2003 ISSUED BY THE TAHSILDAR, NEDUMANGAD. R1(d) : COPY OF THE CERTIFICATE DATED 15/05/2008 ISSUED BY THE ADIVASI MAHA SABHA. R1(e) : COPY OF GO(MS) NO.109/2008/SCSTDD DATED 20/11/2008, THIRUVANANTHAPURAM. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.27967 of 2008 --------------------------------- Dated, this the 16th day of February, 2009 J U D G M E N T The 1st respondent is the mother of Mr.Midhun. It is stated that the 1st respondent belongs to Hindu-Kanikkar, a scheduled Tribe community, and her husband is Hindu-Nair. As Mr.Midhun wanted to apply for the entrance examination, he being a minor, the 1st respondent made Ext.P1 application for issue of a caste certificate to the effect that Mr.Midhun belongs to Hindu-Kanikkar, a Scheduled Tribe community. On the basis that, in terms of the Government Orders then prevailing, certificate showing the caste status of the father alone could be issued, the petitioner refused to issue the caste certificate. That made the 1st respondent mother to approach the Kerala Lok Ayukta by filing complaint No.265/2008. In that proceedings, Ext.P2 order was passed by the Lok Ayukta directing the petitioner to issue caste certificate to Mr.Midhun, son of the 1st respondent, to the effect that he is belonging to Hindu-Kanikkar community for education purposes. It is challenging Ext.P2, the writ petition is filed. 2. It is the admitted case that subsequent to Ext.P2 order, WP(C) No.27967/2008 -2- Ext.R1(e) Government Order, GO(MS) No.109/2008/SCSTDD dated 20/11/2008, has been issued authorising the authorities to issue caste certificate showing the caste status of the mother, provided the conditions mentioned therein are satisfied. In the light of Ext.R1 (e) Government Order, it is only appropriate that the claim of the 1st respondent for issuing the caste certificate to Mr.Midhun, her son, is reconsidered. 3. Therefore, I quash Ext.P2 and direct the 1st respondent to file a fresh application to the petitioner, in which case the petitioner shall consider the same in the light of Ext.R1(e) Government Order, referred to above and pass orders thereon. 4. The learned counsel for the 1st respondent submits that she has to get the new certificate before 26/02/2009, the last date notified for making application for All India Medical Entrance Examination. Taking into account the urgency pointed out by the learned counsel for the 1st respondent, I direct the petitioner to conduct enquiry on an expeditious basis, and endeavor to issue the caste certificate before 25/02/2009. 5. If, for some reason, it is not possible to conclude the enquiry before 25/02/2009, the petitioner shall issue a provisional WP(C) No.27967/2008 -3- certificate, so that the 1st respondent's son can make the application in time. However, it shall be made clear that the certificate issued will be subject to the out come of the enquiry and final orders. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg