IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 WP(C).No. 27763 of 2009(M) -------------------------- PETITIONER: --------------- SURESH UNNIKRISHNAN NAIR S/O.UNNIKRISHNAN NAIR, KAITHAPOLA VELI VEETTIL MANNANCHERRI, AMBALAPUZHA, ALAPUZHA DISTRICT. BY ADV. SRI.SANTHAN V.NAIR RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE TAHASILDAR, OFFICE OF THE TAHASILDAR, AMBALAPUZHA, ALAPPUZHA DISTRICT. 3. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM PALACE PO, PATTOM, TRIVANDRUM. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, ALAPPUZHA DISTRICT. 5. THE REVENUE DIVISIONAL OFFICER OFFICE OF THE R.D.O, ALAPPUZHA DISTRICT. BY GOVT. PLEADER SRI. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 27763 OF 2009 -------------------------- Dated this the 5th day of October, 2009 J U D G M E N T Heard Sri. Santhan V.Nair, the learned counsel appearing for the petitioner, Sri. P.N.Santhosh, the learned Government Pleader appearing for respondents 1, 2, 4 and 5 and Sri. Alexander Thomas, the learned standing counsel appearing for the Kerala Public Service Commission. 2. The petitioner's father belongs to the Hindu Nair Community and his mother to the Hindu Velan Community, which is a scheduled caste in the State of Kerala. For the purpose of seeking appointment, the petitioner applied to the Tahsildar for the issue of a community certificate to the effect that he belongs to the Hindu Velan Community, which is a scheduled caste. The Tahsildar rejected the said request on the ground that the petitioner was brought up as a member of the Nair Community and not as a member of the Hindu Velan Community to which his mother belongs. Ext.P6 is the order passed by the Tahsildar on 30.1.2009. Aggrieved thereby the petitioner filed a writ petition in this Court. By Ext.P7 judgment delivered on 5.3.2009, this Court held that as the petitioner has an alternative remedy by way of an appeal before the Revenue Divisional Officer, he should pursue the said remedy. The petitioner accordingly filed an appeal before the Revenue Divisional W.P.(C) No. 27763/09 2 Officer. The Revenue Divisional Officer, considered the appeal and passed Ext.P11 order concurring with the Tahsildar. Exts.P6 and P11 are under challenge in this writ petition. 3. The petitioner attacks Exts.P6 and P11 on various grounds. He contends relying on Ext.P4 certificate issued by the Kerala Velan Maha Sabha that he belongs to the Hindu Velan Community which is a scheduled caste in the State of Kerala. He also relies on Ext.P3 certificate issued by the NSS Karayogam of Kattor North, in support of his contention that he does not belongs to the Nair Community. Exts.P6 and P11 orders are passed by the Tahsildar and the Revenue Divisional Officer, respectively. Under Section 13 of the Kerala Scheduled Castes and Scheduled Tribes Regulation of Issue of Community Certificate, 1996, a revision lies from the orders passed by the Revenue Divisional Officer to the State of Kerala. The State of Kerala has the machinery to conduct an enquiry through officers of the revenue department and also through the officers of the Scheduled Castes and Scheduled Tribes Development department and ascertain whether the petitioner was indeed brought up as a member of the Hindu Velan Community. This Court exercising jurisdiction under Article 226 cannot undertake such an exercise. Therefore in my opinion, the petitioner should move the Government, instead of seeking the intervention of this Court at this stage. W.P.(C) No. 27763/09 3 I accordingly dispose of this writ petition with a direction that in the event of the petitioner filing a revision before the government challenging Exts.P6 and P11 orders passed by the Tahsildar and Revenue Divisional Officer respectively within the time limit prescribed under Act 11 of 1996, the Government shall consider the same and take a decision thereon after affording him a reasonable opportunity to state his case. Final orders in the matter shall be passed within three months from the date on which the petitioner moves the Government in revision. Till then, the Kerala Public Service Commission shall not reject the petitioner's application on the ground that he has not produced a caste certificate to prove his claim for reservation. However, it will be open to the Commission to treat the petitioner as a general category candidate for the purpose of selection, if the petitioner is willing to be treated as a general category candidate. It is clarified that in the event of the petitioner succeeding before the Government in revision, the Commission shall give the petitioner the benefits available to a member of scheduled caste community. P.N.RAVINDRAN, JUDGE vps W.P.(C) No. 27763/09 4