IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 WP(C).No. 22980 of 2007(I) -------------------------- PETITIONER : ------------------- BERNARD A.A., S/O.ANTONY, ASSISSIDAS MANDIRAM, PADAPPAKARA P.O., MULAVANA VILLAGE, KOLLAM DISTRICT. BY ADV. MR.B.MOHANLAL RESPONDENTS : ---------------------- 1. THE TAHSILDAR, TALUK OFFICE, KOLLAM. 2. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTAM PALACE JUNCTION, THIRUVANANTHAPURAM. 3. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, KASARAGOD. R2 & R3 BY ADV. MR.ALEXANDER THOMAS, STANDING COUNSEL GOVERNMENT PLEADER MR.K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JVT W.P.(C) No.22980 of 2007 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the first page of SSLC book of the petitioner. Ext.P2 :- Copy of the communication No.KGD-III(2) 173/2008/JHI(27) dated : 05.07.2007 issued by the 3rd respondent. Ext.P3 :- Copy of the certificate dated : 22.07.2007 issued by the Parish Priest. Ext.P4 :- Copy of the relevant pages of the notification No.8206/F3/2000/SC/ST/DD dated : 12.06.2000. Ext.P5 :- Copy of the interim order issued in W.P.(C) No.14679/2007 dated : 29.05.2007. Ext.P6 :- Copy of the Certificate No.B7.30798/2007 dated : 10.08.2007 issued by the 1st respondent. Ext.P7 :- Copy of the order dated : 17.12.2008 in W.P.(C) No.23617/2007 in I.A.No.16250/2007 of this Hon'ble Court. Respondent's Exhibits :- NIL //True Copy// P.A. To Judge T. R. RAMACHANDRAN NAIR, J ------------------------- W.P.(C.) No. 22980 of 2007 --------------------------------- Dated this the 24th day of February 2010 J U D G M E N T The petitioner belongs to the caste of Other Christian (OX), as he belongs to the category of Parava Convert Christian. The petitioner seeks for a direction to the respondent to issue a Community Certificate to the effect that the petitioner belongs to Other Christian (Parava Convert Christian) as stated in Exts.P1 and P2. 2. This court passed an interim order dated 30.07.2007 directing the respondent to issue a certificate to the petitioner showing the petitioner as a 'Latin Christian' and showing as to whether or not he would come within the parameters of 'Creamy Layer'. Accordingly the certificate has been issued as Ext.P6 which shows that the petitioner belongs to the Latin Christian community. 3. The learned counsel for the petitioner submitted that he is already included in the rank list of Junior Health W.P.(C) No.22980 of 2007 -2- Inspector Grade-II in the general category, without any benefit of reservation. It is prayed that in the light of Ext.P6 P.S.C may be directed to consider him as a candidate eligible for the benefit of reservation and accordingly advise him. 4. The learned standing counsel for the P.S.C brought to my notice the judgment of a Division Bench of this court in Writ Appeal No. 609 of 2008. The Division Bench therein relied upon the decision of this court in Rajan v. State of Kerala {2007(I) KLT 730} wherein, in like cases it was declared that the candidates like the petitioner cannot claim the Other Christian Parava (OX) category but they will be treated as Latin Catholic. 5. In that view of the matter, Ext.P6 certificate will be treated as final and the P.S.C will accept the same and treat him as a person belonging to Latin Christian Community and take appropriate action in tune with turn of the petitioner in W.P.(C) No.22980 of 2007 -3- the rank list without affecting the seniority of candidates advised already. The Writ Petition is disposed of as above. No costs. T. R. RAMACHANDRAN NAIR, JUDGE Jvt