IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 WP(C).No. 6562 of 2009(M) ------------------------- PETITIONER(S): ----------------- P.M. MANOJ, S/O. MADHAVAN, AGED 19 R YEARS, PANARKOTTIL HOUSE, NAGARIPURAM, P.O. MANNUR, PALAKKAD DIST. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): ------------------ 1. THE DIRECTOR RECRUITING (LIEUTENANT COLONEL) ARMY RECRUTING OFFICER, WEST HILL BARRACKS, CALICUT 673 005. 2. THE TAHSILDAR, PALAKKAD. GOVT.PLEADER SRI.P.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 6562 OF 2009 (M) ==================== Dated this the 2nd day of March, 2009 J U D G M E N T Petitioner claims that he belongs to Thandan Community, a Scheduled Caste. It is stated that he has been selected for employment under the 1st respondent. According to the petitioner, although he has been recruited as a general candidate without any benefit of reservation, still, the rules of the 1st respondent require that the petitioner should produce a caste certificate issued by the 2nd respondent. 2. The complaint in this writ petition is that although application has been made, the 2nd respondent has issued Ext.P9 certificate, where the petitioner has been shown as Thiyya. Petitioner, referring to Exts.P1 to P5 contends that he is a Thandan and not a Thiyya as certified in Ext.P9. In this writ petition, he submits that since Ext.P9 is an erroneous certificate, the Tahsildar should be called upon to issue a certificate certifying that the petitioner is a Thandan. 3. True, as contended by the counsel for the petitioner, Exts.P1 to P5 substantiate his claim. However, in Ext.P9, the petitioner has been shown as a Thiyya. On the materials now available, I am not able to conclude on what basis the Tahsildar has come to the conclusion which is WPC 6562/09 :2 : reflected in Ext.P9. 4. In view of the materials that are made available by the petitioner as Exts.P1 to P5, necessarily, it is for the Tahsildar to conduct an enquiry and determine the caste status of the petitioner. This the Tahsildar shall do, after proper enquiry. 5. In the meanwhile, petitioner submits that his time for production of the certificate is expiring in the 1st week of March, 2009. It is submitted that if he is not in a position to produce the certificate within the time allowed, he will be losing the employment opportunity. 6. Taking into account the fact that the matter needs to be enquired into by the 2nd respondent, and as in the meanwhile, the petitioner has to produce the certificate before the 1st respondent, I direct the 2nd respondent that pending enquiry into the caste status of the petitioner, to issue a certificate in the format as shown in Ext.P9 certifying that the petitioner belongs to Thandan community. It is made clear that in the certificate itself, it will be specified that the same is issued pursuant to the judgment of this Court and that it is provisional and subject to the WPC 6562/09 :3 : outcome of the enquiry to be conducted. 7. Petitioner may produce a copy of this judgment before the 2nd respondent, who shall issue the certificate forthwith. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp