IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 WP(C).No. 14403 of 2009(U) -------------------------- PETITIONER(S): --------------- SANIL KUMAR D., AGED 41 YEARS, MARRY VILASOM, KODUVILA P.O., SINGARAPPALLY, EAST KALLADA, KOLLAM DISTRICT. BY ADV. SRI.K.G.RADHAKRISHNAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM. 2. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 3. THE VILLAGE OFFICER, OFFICE OF THE VILLAGE OFFICE, EAST KALLADA, KOLLAM DISTRICT. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, ALAPPUZHA. GOVERNMENT PLEADER SHRI.DILIP MOHAN, FOR R1 & R3 ADV.ALEXANDER THOMAS, SC FOR PSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 14403/09. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE SSLC RECORD. P2. COPY OF THE ADMISSION TICKET. P3. COPY OF THE PUBLICATION DTD.2.5.09. P4. COPY OF THE SUBMISSION STD.8.5.09. P5. COPY OF THE SSLC RECORDS FOR ISSUING CERTIFICATE DTD.15.5.09. P6. COPY OF THE TIME EXTENSION DTD.16.5.09. RESPONDENT(S)' EXHIBITS: R1A. COPY OF THE NOTICE DTD.26.5.09. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.14403 OF 2009 ================== Dated this the 10th day of August, 2009 J U D G M E N T The petitioner has been included in the rank list prepared by the PSC for selection to the post of Village Extension Officer Grade III. At the time of application, the petitioner claimed reservation benefit as 'Other Christian' on the ground that as per his SSLC book, he is a Christian converted from Parava community, which is a Scheduled Caste Community. Therefore, according to the petitioner, he is entitled to reservation benefit as 'Other Christian'. The petitioner belongs to Kollam. The petitioner is a not favoured with a community certificate by the 3rd respondent despite application made in that regard, is the complaint of the petitioner. In the meanwhile, the petitioner has been directed to produce community certificate by the PSC with a threat that if he does not, his name would be removed from the rank list. 2. A counter affidavit has been filed by the 1st respondent to the effect that the petitioner does not belong to Parava convert Christian, and he belongs to Latin Catholic community. Therefore, the petitioner can be given only a certificate showing him as a Latin Catholic. 3. I have considered the rival contentions in detail. 4. In W.A.No.609/2008, on identical facts, this Court passed 2 the following judgment: “Petitioner has claimed community status as Christian Parava (OX) (scheduled caste converts to Christianity) in her application submitted for selection to the post of Non-Vocational Teacher (English) Her S.S.L.C. Book also shows that she is a Christian Parava (OX). But in view of the decision reported in Rajan v. State of Kerala {2007 (1) KLT 730} she cannot claim the above OX category. When she was short listed, she was given the non-creamy layer certificate treating her as Latin Catholic. The above caste certificate is not disputed. This happened in view of the Division Bench decision. In the above circumstances, on the facts and circumstances of the case, petitioner should be treated as a person belonging to the Latin Catholic Community without affecting the seniority of candidates advised already. Writ Appeal is disposed of with the above direction.” Since the facts are identical, I am of opinion that this writ petition can be disposed of in terms of the said judgment. Accordingly, this writ petition is disposed of with a direction to the 3rd respondent to issue a community certificate to the petitioner showing him as a Latin Catholic. The petitioner shall present himself before the 3rd respondent on 14.8.2009. The petitioner shall produce a certified copy of this judgment along with a petition. On the same, the 3rd respondent shall issue a community certificate to the petitioner showing him as belonging to Latin Catholic community, on 17.8.2009. 5. The petitioner shall produce the same before the PSC before 24.8.2009. This Court, on 2.6.2009, passed the following interim order: “Matter to be treated as admitted. Govt. Pleader takes notice for R1 to R3. SC takes notice for R4. It is made clear that if ultimately it is found that the petitioner is entitled to get caste certificate as contended by him, then appropriate direction would be issued to the Public Service Commission to accept the caste certificate even beyond the time which is 3 now prescribed by them. Respondents to file counter affidavit/statement positively by 12/6/09.” In view of that order, if the petitioner produces the certificate before 24.8.2009, the same shall be accepted by the PSC as one produced within time. As per marks obtained by him in the test and interview, considering him as a Latin Catholic, he shall be advised in accordance with his turn without affecting the candidates who have already been advised. Sd/- sdk+ S.SIRI JAGAN, JUDGE Issue copy today itself. ///True copy/// P.A. to Judge