IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 WP(C).No. 37129 of 2009(I) ------------------------------------ PETITIONER(S): --------------------- MANOJ K.M., S/O. LATE MADHAVAN, AGED 27 YEARS, KUNNINMEL HOUSE, PANJAL P.O., THRISSUR DISTRICT. BY ADV. SRI.BINOY VASUDEVAN SMT.P.G.BABITHA RESPONDENT(S): ----------------------- 1. COMMANDANT, KAP-1 BATTALION, RAMAVARMAPURAM, THRISSUR-680631. 2. DISTRICT EMPLOYMENT OFFICER, DISTRICT EMPLOYMENT EXCHANGE, THRISSUR. GOVERNMENT PLEADER SMT. ANU SIVARMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN,J ---------------------- W.P.(c).No. of 200 ---------------------------------------- Dated this the 18th day of November 2009 J U D G M E N T (THOTTATHIL B.RADHAKRISHNAN, JUDGE) ss K. SURENDRA MOHAN, J --------------------------------- WP(C) NO.37129 OF 2009 ------------------------------ Dated this the 11th day of January, 2010 J U D G M E N T The petitioner is an unemployed youth. His name was recommended from the Employment Exchange for selection and appointment to the post of Police Constable (Driver) in the Kerala Armed Force Battalion at Thrissur. According to the petitioner, he appeared for the physical test and passed the same. But, he was not considered for the selection on the ground that in the Non Creamy Layer Certificate produced by him, his caste was shown as 'Hindu - Ezhava' while his SSLC book showed his caste as 'Thandan'. In view of the above discrepancy, his application was rejected. 2. The Government Pleader on instructions submitted that in view of the above discrepancy between the name of his caste mentioned in the non creamy layer certificate, produced by him as well as in the SSLC book, his application was rejected. W.P.(c) No.37129/09 3 3. The counsel for the petitioner pointed out that the petitioner had not claimed any reservation that was due to a scheduled caste. In fact he had claimed only the status of a Hindu- Ezhava, which comes under the category of OBC(Other Backward Communities). According to him, even if the certificate produced by him is not acceptable, he should have been considered as a general candidate. 4. According to the Government Pleader, the other candidates who were eligible, were considered and a list of selected candidates have also been finalised. However, the petitioner certainly was entitled to be considered for selection in the general category in spite of the discrepancy in the certificate produced by him. It is the case of the petitioner that in Thrissur district, 'Thandan'is considered to be an OBC. Therefore there is no suppression or the misrepresentation or mistake in the caste status of the petitioner. The above being the position, the petitioner should have been considered for selection. In view of the above, this writ petition is disposed of directing that if the selection process has not been completed, W.P.(c) No.37129/09 4 the petitioner shall also be considered for selection to the post of Police Constable (Driver) in the Kerala Armed Force Battalion-I, Thrissur. The writ petition is disposed of with the above direction. K. SURENDRA MOHAN, JUDGE. sou.