IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 WP(C).No. 5130 of 2009(I) ------------------------- PETITIONER(S): --------------- RAJENDRAN.V.M, S/O.KAMALAKSHY E.A., VELLISSERIL HOUSE, KARIPALANGAD P.O., KULAMAVU VIA, IDUKKI DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.V.K.SATHYANATHAN RESPONDENT(S): --------------- 1. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, IDUKKI, KATTAPPANA. 2. THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, OFFICE OF THE PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM. 3. THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R1 & R2 BY STANDING COUNSEL K.S.ANIL - R3 BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 5130 of 2009 --------------------------------------------------- Dated this the 1st day of April, 2009 JUDGMENT The petitioner herein was a candidate for the post of Electricity Worker (Mazdoor) under the Kerala State Electricity Board. The Notification published by the PSC is dated 17.05.2005. After conducting the written test on 15.12.2007, a rank list was published on 30.01.2008 wherein petitioner was ranked at 152 in the main list, but his name was deleted later. 2. The petitioner belongs to Hindu - Malai Arayan community which is a Scheduled Tribe. Ext.P2 is the cast certificate issued by the Tahsildar, Thodupuzha dated 24.12.2002. Ext.P3 is the copy of the S.S.L.C. Certificate showing his caste. But at the time of interview, even though the documents were produced, they were not accepted by the first respondent and required him to produce the latest certificate. The petitioner was directed by Ext.P4 to produce the cast certificate within one week. It is also directed therein that unless it is produced within seven days his name will not be considered for further inclusion. Even though he approached the Tahsildar for a fresh one, the same was not issued due to wpc/5130/2009 2 certain disputes regarding the children of inter caste married couple. 3. The petitioner's parents are inter caste married couple, as the mother belongs to Malai Arayan and father being a Dheevara. The petitioner submits that the Government by G.O. (MS) No.109/2008/SCSTDD dated 20.11.2008 issued a clarification to the effect that one can claim the caste of either the mother or the father. Thereafter, he submitted an application for the caste certificate and it was issued by the Tahsildar as per Ext.P5. Ext.P5 shows that he belongs to “Hindu Malai Arayan” which is recognised as a Scheduled Tribe under the Constitution of Scheduled Caste and Schedule Tribe, 1950. 4. Again, he filed Ext.P6 representation before the 1st respondent after producing the certificates. Since no orders are passed in the matter, he has filed this Writ Petition, seeking for a direction to the respondents to accept the Cast Certificates of the year 2002 and Ext.P5. 5. It is pointed out by the learned counsel for the petitioner that the PSC had published a final rank list and petitioner was ranked at Sl.No.152 in the main list. It is pointed out that his name was included provisionally in the Ranked List with the Rank No.152 with the Community benefit of Scheduled Tribe. The wpc/5130/2009 3 name of the petitioner was deleted from the ranked list as he did not produce the community certificate stating that he belongs to Hindu Malai Arayan Community. The requirement of the respondents is that community certificate (SC/ST) issued based on G.O.dated 20.6.2005 should have been produced at the time of certificate verification. It is further pointed out that his representation has been forwarded to Head Office of Commission for further orders in the matter. Reliance is placed in the dictum laid down by this Court in Satheesh v. Kerala Public Service Commission [2003 (1) KLT 976]. 6. In the additional counter affidavit filed on behalf of the respondents, it is explained that in the judgment in W.P.(C) No.24227 and connected cases, this Court had held the view that the SSLC Book is not an authentic piece of evidence to determine the caste status of a community. It is further submitted that he has not produced the Community Certificate as per G.O.(MS) No.25/05/SCSTDD dated 20.06.2005. It is further explained that going by the upper age limit prescribed for the post being 35 years, if the petitioner is considered as a candidate in the general category, he will not be entitled for inclusion in the list. The receipt of certificate dated 21.01.2009 issued by the Tahsildar is admitted. It is pointed out that by time the candidates up to rank wpc/5130/2009 4 No.195 who belong to ST were already advised. Further it is pointed out that going by Government letter dated 20.06.2005, the Government have directed that the competent authorities shall issue SC/ST community certificates to the children born out of inter-caste married couple only as per the caste/community of his/her “father” subject to the conditions of acceptance, customary traits and tenets stipulated in the judgment in Civil Appeal No.659 of 2003 rendered by the Apex Court. Ext.R1(a) is the Circular issued by the Commission in this regard. It is further pointed out that the Government as per G.O.(MS) No.109.SCSTDD dated 20.11.2008 issued directions to issue community certificate as SC/ST to the children born out of intercaste couple of which one of the parents is SC/ST after ensuring the relevant conditions. The Commission has also issued Ext.R1(b) Circular in tune with the said Circular issued by the Government. 7. The only objection is that the community certificate showing the ST status of the petitioner was obtained much after the date of publication of final ranked list. From the facts it is clear that the respondents do not dispute that Exts.P2 and P3 were submitted by the petitioner at the time of interview. Going by Exts.P2 and P3, he belongs to Hindu - Malai Arayan Tribe. It is wpc/5130/2009 5 true that the respondent wanted to produce a fresh certificate as per Ext.P4. The petitioner had been trying to get such a certificate and finally he could obtain the same. The petitioner has thus satisfied the requirement of the respondents by producing the cast certificate Exts.P2 and P5. 8. It is true that the petitioner was required to produce the latest certificate. The petitioner was given only 7 days time also by Ext.P4. It is common knowledge that it will take some time to get such a certificate from the respective revenue officers. The petitioner has submitted a representation after obtaining the latest certificate. The time limit provided was already over by that time and the final rank list was published on 31.01.2008. The production of caste certificate is to ascertain the claim of the person concerned whether he belongs to any community which is entitled for reservation under the relevant Government orders. In this case going by Exts.P2 and P3 and revised certificate Ext.P5, there cannot be a dispute that he belongs to Malai Arayan Community. It is not a case where there was a difference in the name of the community in any of the certificates. Therefore Ext.P5 reiterates what is contained in Exts.P2 and P3. He was provisionally included in the rank list by accepting Exts.P2 and P3, going by the averments made by the PSC. In that view of the wpc/5130/2009 6 matter Ext.P5 only reiterates his caste status. The object of giving the benefit of reservation to a Scheduled Tribe is well known. 9. Therefore, while considering the question, the object and purpose of such reservation should be looked into. In that view of the matter since the petitioner has already produced Exts.P2 and has now produced Ext.P5, his claim cannot be denied on the ground that the time limit earlier provided is already over and the final rank list has been published already. Hence, the Writ Petition is allowed. Exts.P2 and P5 will be accepted as valid. Accordingly he will be assigned due ranking in the main list. But it is made clear that if any advice has been made already, the same will not be affected by the directions issued in this case. T.R.RAMACHANDRAN NAIR, JUDGE bps