IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 WP(C).No. 13580 of 2009(N) ----------------------------------------- PETITIONER(S): ------------------------- ROSHAN LAL.K.S. 27 YEARS, S/O.SADASIVAN NAIR, KIZHAKKE VEETUVILA HOUSE, RANDAM CHIRA, POWDIKONAM P.O. SREEKARYAM, TRIVANDRUM. BY ADV. MR.U.BALAGANGADHARAN RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY, REVENUE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 3. THE TAHSILDAR, TALUK OFFICE, THIRUVANANTHAPURAM. 4. THE VILLAGE OFFICER, ULIYAZHITHURA VILLAGE, THIRUVANANTHAPURAM. 5. THE DIRECTOR, KIRTADS, KOZHIKODE. 6. THE KERALA PUBLIC SERVICE COMMISSION REP.BY ITS SECRETARY,PATTOM,THIRUVANANTHAPURAM. BY SPL. GOVERNMENT PLEADER MR. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.13580/2009 N APPENDIX P1: COPY OF THE FIRST PAGE OF SSLC BOOK DTD. 29/03/97 OF THE PETITIONER. P2: COPY OF THE FIRST PAGAE OF SSLC BOOK OF SMT.JABALAKUMARI, THE MOTHER OF THE PETITIONER. P3: COPY OF THE CERTIFICATE ISSUED BY THE TAHSILDAR, THIRUVANANTHAPURAM DTD. 20/08/1984 REGARDING INTER CASTE MARRIAGE OF THE PETITIONER'S FATHER AND MOTHER. P3(A): A PHOTOGRAPH OF THE HOUSE OF THE PETITIONER'S FATHER. P4: COPY OF THE CERTIFICATE ISSUED BY THE TAHSILDAR DTD. 1/02/2003 REGARDING BIRTH OF THE PETITIONER TO THE INTERCASTE MARRIAGE COUPLE. P5: COPY OF THE FIRST PAGE OF SSLC OF CHINCHU SANDAN, THE SISTER OF THE PETITIONER. P5(A): COPY OF THE FIRST PAGE OF SSLC OF VEENA SADAN, THE SISTER OF THE PETITIONER. P6: COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE TAHSILDAR, THIRUVANANTHAPURAM DTD. 19/06/2003 TO CHINCHU SADAN, THE SISTER OF THE PETITIONER. P6(A): COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE TAHSILDAR DTD. 7/11/2007 TO CHINCHU SADAN THE SISTER OF THE PETITIONER. P7: COPY OF THE CERTIFICATE DTD. 29/04/2007 BY THE KERALA PULAYA MAHASABA POWDICONAM POST, THIRUVANANTHAPURAM REGARDING THE CUSTOM UNDER WHICH THE PETITIONER WAS BROUGHT UP. P8: COPY OF THE G.O.(MS) 109/2008/SCSTDD DTD. 20/11/2008. P9: COPY OF THE APPLICATION FOR COMMUNITY CERTIFICATE DTD. 17/04/2009 OF THE PETITIONER. P9(A): COPY OF THE REPORT OF THE VILLAGE OFFICER, ULIYAZHATHURA DTD. 20/04/2009 ALONG WITH ITS DOCUMENTS. Kss ..2/- ...2... WPC.NO.13580/2009 N P10: COPY OF THE LETTER NO.A6-200036/2007 DTD. 30/04/2009 OF THE TAHSILDAR TO KIRTADS SEEKING OPINION. P11: COPY OF THE LETTER NO.A6-200036/07 DTD. 28/04/2009 OF THE TAHSILDAR TO THE PETITIONER. P12: COPY OF ADMIT CARD NO.102620 ISSUED TO THE PETITIONER REGARDING WRITTEN TEST. P13: COPY OF RELEVANT PAGES OF THE SHORT LIST NO.2/2009/ERXI DTD. 18/03/2009 ISSUED BY PSC TO THE POST OF POLICE CONSTABLE. P14: COPY OF THE ADMIT TICKET NO.102620 ISSUED BY PSC CALLING FOR PHYSICAL MEASUREMENT AND PHYSICAL EFFICIENCY TEST. P15: COPY OF THE LETTER SUBMITTED TO THE PETITIONER DTD.29/04/2009 SEEKING TIME TO SUBMIT CASTE CERTIFICATE TO THE PSC. P16: COPY OF THE COMMUNICATION NO.200036/07 DTD. 20/06/2009 ISSUED BY THE TAHSILDAR, TRIVANDRUM. P17: COPY OF THE REPORT SUBMITTED BY THE INSPECTION SUPDT. DTD. 5/06/2009. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.13580 of 2009 -------------------------------------- Dated 3rd July, 2009 JUDGMENT The petitioner was an applicant for appointment to the post of Police Constable in the Armed Police Battalion in Thiruvananthapuram District. He was successful in the written test held on 6.9.2008. Thereafter, a physical efficiency test was conducted. He came out successful in the physical efficiency test also. Thereafter he was called for verification of documents. At that stage he was asked to produce the caste certificate. The petitioner thereupon moved the Tahsildar concerned for issue of a caste certificate. The Tahsildar thereupon prepared Ext.P10 report to the effect that the petitioner does not belong to the Pulaya Community and also referred the matter to the KIRTADS. The petitioner was informed accordingly by Ext.P11 letter dated 28.4.2009. This writ petition was thereupon filed challenging Exts.P10 and P11 and seeking a writ in the nature of mandamus commanding the Tahsildar to issue to the petitioner a caste certificate to the effect that he belongs to the Cheramer/Pulaya Community. WP(C).No.13580/2009 2 2. The petitioner's father is admittedly a member of a forward community. His mother admittedly belongs to the Pulaya Community. Pursuant to the decision of the Full Bench of this Court in Indira v. State of Kerala (2005 (4) KLT 119 (F.B.), the Government have issued Ext.P8 Government order dated 20.11.2008 regarding the issue of caste certificates to children born to inter-caste married couple, one of whom is a member of a Scheduled Caste or Scheduled Tribe Community. When this writ petition came up for hearing on 22.5.2009, this Court passed an interim order directing the Tahsildar to take a decision as regards the caste status of the petitioner in terms of Ext.P8 Government order. 3. The learned Government Pleader appearing for the respondents brought to my notice a copy of proceedings dated 2.7.2009 issued by the Tahsildar, Thiruvananthapuram wherein it has been held that the petitioner does not belong to the Pulaya Community and that he was brought up as a member of the community to which his father belongs. In my opinion, in view of the decision taken by the Tahsildar, no relief can be granted to the petitioner at this stage. If the petitioner is aggrieved by the order passed by the Tahsildar on 2.7.2009, his remedy is to move the Revenue Divisional Officer in appeal in terms of the stipulations contained in Act 11 of 1996. In WP(C).No.13580/2009 3 these circumstances, I dispose of this writ petition with the direction that in the event of the petitioner filing an appeal before the Revenue Divisional Officer concerned challenging the decision taken by the Tahsildar, Thiruvananthapuram, the appellate authority shall consider the appeal and take a decision thereon after affording the petitioner a reasonable opportunity of being heard. Final orders in the appeal shall be passed within three months from the date on which such appeal is presented before the Revenue Divisional Officer. The Tahsildar shall in order to enable the petitioner to file an appeal, communicate to him a copy of the order passed by him on 2.7.2009, expeditiously. The contentions of the petitioner on the merits are kept open. The petitioner's right to be included in the ranked list to be published by the Kerala Public Service Commission as a candidate belonging to a Scheduled Caste Community would depend upon the outcome of the appeal filed by him before the Revenue Divisional Officer. P.N.RAVINDRAN Judge TKS