IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WA.No. 1315 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.8568/2008 Dated 02/06/2008 .................... APPELLANT/PETITIONER: ---------------------- RAJU.K., S/O.K.KANNAN, KARUMPALLAM HOUSE CHTTANCHAL, THEKKIL VILLAGE, KASARGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH SMT.V.SETHUKUTTY AMMA RESPONDENTS/RESPONDENTS: ------------------------- 1. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 2. DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KASARAGOD. 3. THE TAHSILDAR, KASARGOD. BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R1& 2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. ------------------------------- W.A.NO.1315 OF 2008 () ----------------------------------- Dated this the 23rd day of July, 2008 J U D G M E N T KOSHY,J. Petitioner applied for the post of Electricity Worker (Mazdoor) in the Kerala State Electricity Board. In the S.S.L.C. Book, his caste is shown as 'Mavilan' (Scheduled Caste). When he was called for interview, he produced Ext.P5 caste certificate, which shows that he belongs to 'Nalkadaya', which is also a Scheduled Caste. Since the caste shown was different from the caste shown in the S.S.L.C. Book, that was not accepted by the PSC. The explanation of the appellant is that the caste shown in the S.S.L.C. Book is 'Mavilan' and 'Nalkadaya' was shown in Ext.P5 caste certificate on the basis of the Apex Court decision in Punit Rai v. Dinesh Chaudhary (2003 (8) SCC 204). Since both castes belongs to reservation category, we have directed the PSC to consider the matter in a lenient way. It is also stated that on the date of application, as per the Government orders, 'Mavilan' is a W.A.1315/08 2 Scheduled Tribe caste whereas 'Nalkadaya' is a Scheduled Caste. As per the interim order of this Court, a statement was filed by the PSC, which is as follows: “It is thus respectfully submitted that in compliance with the above said interim order of the Division Bench, the respondent Public Service Commission have re-considered the whole issue and decided to extend the reservation benefit of SC to the petitioner/appellant and all consequential benefits will be given to him. The grievances of the appellant/petitioner has thus been redressed and the writ appeal has become thus infructuous. Under these circumstances, this Honourbale Court may be pleased to dismiss the writ appeal, as infructuous.” That is recorded, and writ appeal is disposed of accordingly. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp W.A.1315/08 3 J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 26th May, 2008