IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 WP(C).No. 800 of 2009(T) ------------------------ PETITIONER: --------------- MANOJ V.R. MURALI NIVAS, MAMMIYOOR , GURUVAYOOR (NOW RESIDING AT 'SOUPARNIKA', GURUVAYOOR VILLAGE CHAVAKKAD TALUK, THRISSUR.) BY ADV. SRI.N.SUGATHAN SMT.VARSHA BHASKAR SRI.S.PRASANTH (AYYAPPANKAVU) RESPONDENT: --------------- KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY THULASI HILL, PATTOM PALACE PO THIRUVANANTHAPURAM 695 004 . BY GOVT. PLEADER SHRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------------------- W.P(C) No.800 of 2009-T --------------------------------------------- Dated this the 9th January, 2009. J U D G E M E N T The petitioner applied for appointment to the post of HSST Junior (Zology) pursuant to the notification dated 14.11.2005 issued by the Kerala Public Service Commission. The petitioner appeared for the written test and for the interview held on 15.9.2006 and 10.10.2007 respectively. It is stated that on 9.10.2007, the petitioner produced the necessary certificates in original to prove the qualification, community and non creamy layer status. The certificate dated 28.6.2007 issued by the Village Officer, certifying that the petitioner belongs to Ezhava community was accepted. Age relaxation was granted to him accordingly. In the income certificate issued by the Village Officer, the annual salary income of the petitioner's wife was also shown and the total family income was shown as Rs.2,68,752/-. 2. Since the income exceeded Rs.2.5 lakhs, the petitioner was not included in the list under the Ezhava quota. The petitioner states that on coming to know of a letter issued by the Central Government stating that “creamy layer status is to be determined on the basis of the status of the parents and not on the basis of the status of the candidate or his wife, the petitioner obtained Ext.P6 revised non-creamy layer certificate dated W.P(C) No.800 of 2009-T : 2 : 28.11.2008 from the Village Officer certifying that the petitioner is eligible for a non-creamy layer certificate as on 8.10.2007 in the light of the guidelines G.O(P) No.46/2007/SC ST DD dated 25.8.2007. The petitioner submitted Ext.P6 certificate along with Ext.P7 representation dated 1.12.2008 before the 1st respondent. The relief prayed for in the Writ Petition are the following: “i) to issue a writ of mandamus of any other appropriate writ or order directing the respondent to consider Ext.P7 representation and to pass appropriate orders on the representation; ii) to issue a writ of mandamus or any other appropriate writ or order directing the respondent to add “Ezhava” community against the name of the petitioner in Ext.P3 rank list (rank No.211) on the basis of Ext.P6 non- creamy layer certificate and to advise him in the eligible reservation turn for the Ezhava community; and iii) to issue such other appropriate writ, order or directions as this Hon'ble Court may deem just and proper to issue in the circumstances of the case.” 3. The learned counsel for the petitioner submits that at present the petitioner confines his relief to relief No.1. The learned Standing Counsel appearing for the respondent submitted that Ext.P7 will be considered in accordance with law expeditiously. Accordingly, the writ petition is disposed of as follows: i) The respondent shall consider and pass orders on Ext.P7 W.P(C) No.800 of 2009-T : 3 : representation in accordance with law, after affording an opportunity of being heard to the petitioner, as expeditiously as possible and at any rate within a period of six weeks from the date of receipt of a copy of the judgment. ii) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the respondent. Sd/- K.T.SANKARAN, JUDGE //True copy// PA to Judge ab W.P(C) No.800 of 2009-T : 4 :