IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 WP(C).No. 16274 of 2011(H) -------------------------- PETITIONER(S): ----------------------- A.RAVICHANDRAN, S/O.ARUMUGHAN, RESIDING AT KUNANTH VEEDU, ERALAMPULLY P.O., VILAYODI, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.A.R.NIMOD SRI.C.A.ANOOP RESPONDENT(S): ------------------------- 1. THE REVENUE DIVISIONAL OFFICER, PALAKKAD-1. 2. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS DISTRICT OFFICER, DISTRICT OFFICE, PALAKKAD-1. 3. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-1. 4. THE TAHSILDAR, CHITTUR TALUK, PALAKKAD-678 101. GOVT.PLEADER SRI.P.NARAYANAN SRI.K.S.ANIL, SC, KSEB SRI.P.C.SASIDHARAN, SC, PSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.16274/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE DEED OF PARTITION BETWEEN THE GRANDFATHER OF THE PETITIONER AND HIS BROTHER DATED 1107 MEENAM 19. EXT.P2: TRUE COPY OF THE SSLC CERTIFCATE OF THE PETITIOENR DT 30.3.1982. EXT.P3: TRUE COPY OF THE TRANSFER CERTIFICATE OF THE PETITIOENR DATED 4.6.1982. EXT.P4: TRUE COPY OF THE JUDGMENT IN WPC NO.189/2008 ON THE FILE OF this HON'BLE COURT DT 4.1.2008. EXT.P5: TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE 4TH RESPODENT DT 7.3.2008. EXT.P6: TRUE COPY OF THE MEMORANDUM OF APPEAL PREFERRED BY THE PETITIONER DT 25.3.2008. EXT.P7: TRUE COPY OF THE NOTICE OF HEARING DT 27.3.2008. EXT.P8: TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT DT 3.11.2010. EXT.P9: TRUE COPY OF THE JUDGMENT IN WPC NO.35294/2010 ON THE FILE OF THIS HON'BLE COURT DT 2.12.2010. EXT.P10: TRUE COPY OF THE HEARING NOTICE ISSUED BY THE 4TH RESPONDNET DT 27.1.2011. EXT.P11: TRUE COPY OF THE COMMUNICATION PASSED BY THE 2ND RESPONDENT DT 4.6.2011. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 16274 OF 2011 (H) ===================== Dated this the 20th day of June, 2011 J U D G M E N T Heard the learned counsel for the petitioner, learned Government Pleader appearing for respondents 1 and 4 and the standing counsel appearing for respondents 2 and 3. 2. Petitioner claims to be a Thandan. In response to a notification issued by the 2nd respondent inviting applications for the post of Electricity Worker (Mazdoor) under the 3rd respondent, petitioner made an application claiming the benefit of reservation provided for the aforesaid community. Accordingly, petitioner was also included in the supplementary ranked list with rank No.1. However, application for community certificate was rejected by the 4th respondent and the certificate was issued showing the petitioner as an Ezhava. 3. Against the said order, an appeal was filed by the petitioner to the 1st respondent and the 1st respondent remanded the matter to the 4th respondent for reconsideration. Although the 4th respondent heard the petitioner on 7/2/2011, fresh orders have not been passed by the 4th respondent so far. WPC No. 16274/11 :2 : 4. According to the petitioner, in the meanwhile, PSC is taking steps for removing his name from the supplementary ranked list for the reason that the petitioner did not produce the community certificate as required by them. It is in these circumstances the writ petition has been filed. 5. The counsel for the petitioner complains that when the claim for community certificate as Thandan is pending consideration of the 4th respondent, PSC is not justified in initiating steps for removing his name. On the other hand, the learned Government Pleader admits that the matter is pending before the 4th respondent. It is also submitted by the learned Government Pleader that there was no deliberate delay on the part of the 4th respondent and that the 4th respondent will expeditiously conclude his enquiry. 6. Admittedly, therefore the issue relating to the community certificate is pending before the 4th respondent, and therefore, at this stage, it is premature for the PSC to remove the name of the petitioner from the supplementary ranked list. Therefore, I dispose of this writ petition directing that the 4th respondent will pass final orders on the application made for WPC No. 16274/11 :3 : community certificate at any rate within 2 weeks of production of a copy of this judgment. It is directed that until orders are passed as above and communicated to the PSC, PSC shall not take steps for removal of the petitioner's name from the ranked list for the post of Electricity Worker (Mazdoor). ANTONY DOMINIC, JUDGE Rp