IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 WP(C).No. 32760 of 2006(Y) -------------------------- PETITIONER(S): --------------- C. SETHUMADHAVAN, S/O. SANKARAN, CHOZHAKKAD HOUSE, "SREESAILAM", CHALIYAM P.O., KADALUNDI VILLAGE, KOZHIKODE. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIT, TRIVANDRUM. 2. THE DIRECTOR, PRINTING DEPARTMENT, GOVERNMENT PRESS, GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM. 3. TAHSILDAR, KOZHIKODE TALUK OFFICE, PUTHIYARA, KOZHIKODE-673 004. BY G.P. SRI.T.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF COMMUNITY CERTIFICATE OF PETITIONER. P2: .DO. OF PETITIONER'S WIFE USHA RANI.P. P3: TRUE COPY OF CERTIFICATE FROM TAHSILDAR, KOZHIKODE REGARDING ATUL'S COMMUNITY CORRECTLY. P4: TRUE COPY OF TAHSILDAR'S DRAFT FOR GAZETTE NOTIFICATION. P5: TRUE COPY OF REPLY DT.10/2006 FROM DIRECTOR, PRINTING DEPARTMENT, GOVT. OF KERALA. P6: TRUE COPY OF G.O.(MS) 37/06/SCSTDD DT.28.7.2006. RESPONDENT'S EXHIBITS: ANNEXURE: TRUE COPY OF THE A REGISTER OF KADALUNDI VILLAGE AMSOM NO.80. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.32760 of 2006 .................................................................... Dated this the 12th day of August, 2009. JUDGMENT The petitioner's son one Mr.C.S.Athul, obtained a Caste Certificate wherein he is shown as member of the Mannan community. Petitioner and his wife also are members of the Mannan community. The petitioner's case is that his another son has also been issued Caste Certificate stating that he is also a Mannan. However, in the SSLC Book issued in the name of petitioner's son, C.S.Athul, his caste is shown as “Peruvannan” which comes under the category of OBC. Though petitioner applied for correction of his son's case as “Mannan” in his SSLC Book, the same is declined by Ext.P5 order which is under challenge here. 2. Government Pleader tried to defend the action by reference to Ext.P6 order which is the general order issued pursuant to Division Bench judgment of the High Court in M.F.A. No.636/2003. The Division Bench held that “Peruvannan” is included in the list of Other Backward Community and, therefore, that community cannot be simultaneously brought in Scheduled Caste category without statutory amendment. I do not think the Division Bench judgment or Ext.P6 stands in the way of 2 petitioner claiming the benefit because petitioner, his wife and two sons have already been issued Cast Certificate stating that they belong to the Mannan community which is SC. If there is a mistake in the caste shown in the SSLC Book issued to one of the sons of the petitioner who was a minor at the time of filing O.P., petitioner is entitled to get it corrected consistent with the Caste Certificate issued to others in the family. It is conceded that the Caste Certificates issued to the other sons of the petitioner are not cancelled which clearly indicates that the Caste of petitioner's other sons is accepted as “Mannan”. In the circumstances, O.P. is allowed directing the second respondent to publish the correction in the SSLC Book of the petitioner's son correcting his Caste from “Peruvannan”(OBC) to “Mannan”(SC). Gazette publication and other formalities should be complied with without any delay. C.N.RAMACHANDRAN NAIR Judge pms