IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 WP(C).No. 3813 of 2009(D) ------------------------- PETITIONER(S): --------------- JAYASREE.P., D/O. M.N. PONNAMMA 28 YEARS, JAYANIVAS, THEKKENADA, VAIKOM, KOTTAYAM DISTRICT. 686 142. BY ADV. SRI.P.A.ABDUL JABBAR SRI. C.K.RAFEEK RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, SC/ST DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY RESPONDENTS ITS SECRETARY, THIRUVANANTHAPURAM. 3. TAHASILDAR, TALUK OFFICE, VAIKOM, KOTTAYAM DIST. 4. THE DISTRICT COLLECTOR, KOTTAYAM DIST., KOTTAYAM. 5. THE REVENUE DIVISIONAL OFFICER, PALA, KOTTAYAM. 6. THE DIRECTOR, KIRTHADS, DIRECTORATE OF KIRTHADS KOZHIKODE - 17. MR.P.SANTHOSH KUMAR, GOVERNMENT PLEADER MR.ALEXANDER THOMAS, SC FOR PSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.3813 of 2009 --------------------------------- Dated, this the 9th day of February, 2009 J U D G M E N T The petitioner's father belongs to Dheevara community and mother, Malayaraya community. It would appear that by Ext.P4, the Public Service Commission ordered the petitioner to produce a caste certificate, and therefore, she applied to the 3rd respondent, who has issued Ext.P5 certifying that the petitioner belongs to Dheevara Community. 2. It would appear that the petitioner's mother thereafter made yet another application, which is produced as Ext.P9, and the petitioner also made an application to the District Collector as per Ext.P10. The 4th respondent forwarded the matter to the 5th respondent, and the 5th respondent to the 3rd respondent, who in turn forwarded the same to the 6th respondent. Thus the matter is now pending before the 6th respondent, the competent authority to enquire into the caste status. 3. The learned counsel for the petitioner refers to Ext.P11, the communication of the 3rd respondent to the 6th respondent, WP(C) No.3813/2009 -2- where there are certain adverse suggestions. It is therefore submitted that although the matter is pending before the 6th respondent, the enquiry could be prejudiced in view of the contents of Ext.P11. 4. Although a direction to the respondents to issue a community certificate certifying that the petitioner belongs to Malayaraya community is sought for, since it is seen that an enquiry has to be conducted by the 6th respondent, it is only appropriate that the 6th respondent concludes the enquiry and passes appropriate orders regarding the caste status of the petitioner on an expeditious basis. 5. Although the learned counsel for the petitioner raised contention regarding the invalidity of Clause (2) of Ext.P12, the said relief was not pressed before me. 6. Now that as already noticed, since an enquiry is to be conducted by the 6th respondent, who is the competent authority to decide the matter, I direct the 6th respondent to conclude the enquiry and decide the matter with notice to the petitioner and pass appropriate orders as expeditiously as possible, at any rate, within WP(C) No.3813/2009 -3- four months of production of a copy of this judgment. 7. Needless to say that the enquiry shall be conducted by the 6th respondent, without keeping influenced by the contents of Ext.P11. 8. The petitioner will produce a copy of this judgment before the 6th respondent for compliance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg