IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 WP(C).No. 30245 of 2011(E) -------------------------- PETITIONER(S): JOY P, RESIDING AT PAITHELAN, NEEROZHUKKUCHAL, MADAI P.O., KANNUR DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S): 1. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTAM, THRIUVANANTHAPURAM-695 004. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KANNUR-670 002. 3. STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PUBLIC ADMINISTRATION, THIRUVANANTPURAM-695 001. RI TO R2 BY SR. GOVT. PLEADER SRI.E M ABDUL KHADER R3 BY ADV. SRI.P.C.SASIDHARAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STK WP(C).No. 30245/2011 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1. TRUE COPY OF SECONDARY SCHOOL LEAVING CERTIFICATE ISSUED BY HEADMISTRESS, MATTOOL GOVERNMENT HIGH SCHOOL. EXHIBIT P2. TRUE COPY OF THE CERTIFICATE ISSUED FROM THE HOLY CROSS CHURCH DATED 4/11/2011. EXHIBIT P3. TRUE COPY OF THE CERTIFICATE DATED 20/2/2008 ISSUED BY THE PARISH PRIEST. EXHIBIT P4. TRUE COPY OF THE CERTIFICATE DATED 2/9/2006 ISSUED BY THE TAHSILDAR, KANNUR. EXHIBIT P5. TRUE COPY OF THE RANKED LIST DATED 18/9/2008 ALONG WITH THE RELEVANT SUPPLEMENTARY LIST OF MUSLIMS. EXHIBIT P6. TRUE COPY OF THE REPRESENTATION DATED 10/7/2008. EXHIBIT P7. TRUE COPY OF THE REPRESENTATION DATED 28/10/2011. EXHIBIT P8. TRUE COPY OF A FRESH CREAMY LAYER CERTIFICATE ISSUED BY THE VILLAGE OFFICER ON 27/10/2011. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P A TO JUDGE STK K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 30245 OF 2011 ----------------------------------------------------------- Dated this the 30th November, 2011. JUDGMENT The petitioner was an applicant for appointment to the posts of Last Grade Servants in Various Departments in Kannur district. Since he has secured above the minimum cut off marks in the test conducted by the Kerala Public Service Commission (PSC for short), he has been included in the short list published on 12-6-2001. Thereafter, he was directed to produce the originals of his certificates on 3-6-2008. At that time the petitioner produced a certificate issued by the Village Officer showing that he belongs to the Muslim community. The petitioner has been presently included as rank No: 179 in the supplementary list for Muslim community. 2. According to the petitioner, he is a Christian and is a Christian convert from Pulaya (SC) as specified in his application and school certificate. The petitioner was born and brought up in the community of his mother who was converted to Christianity from Hindu Pulaya. Since the father belongs to the Muslim community, the petitioner has been issued with a creamy layer certificate showing his community as that of his father. The WPC 30245/2011 2 petitioner alleges that the certificate has been issued on the basis of a mistake and therefore, he claims that he is entitled to seek correction of the said mistake. On the basis of his correct caste, he is entitled to be included in the list as 'other Christian' (OX) which is a backward community classified as other backward communities for the purpose of communal reservation. Therefore, he seeks the issue of appropriate directions for correcting the above mistake. 3. Adv. P.C. Sasidharan who appears for the PSC on instructions submits that the rank list Ext.P5 was published on 18-5-2008. The petitioner has been included in the supplementary list for Muslim community on the basis of the certificate produced by the petitioner showing his caste as Muslim. Though the petitioner has produced Ext.P4 certificate along with his writ petition, the same was not produced before the PSC at the time of verification of the certificates. According to the counsel the petitioner on realising that he stands to gain some advantage by showing his caste as Christian is only seeking to change his caste status. Relying on Rule 17C of Kerala State and Subordinate Service Rules (K.S and S.S.R for short) the counsel submits that WPC 30245/2011 3 since the list has already been finalised the change sought for by the petitioner is not permissible. Rule 17C reads as under:- “The candidate claiming the benefit of age relaxation/reservation in appointments/special recruitments by virtue of being a member of the Backward Classes/Scheduled Castes/Scheduled Tribes as provided for in sub-rules (c)(d) and (dd) of rule 10, rule 14, rule 17A and rule 17B ibid shall produce to the satisfaction of the Kerala Public Service Commission, Certificates/relevant documents as required by them, to prove the claim in the application and in any case, before the finalisation of the ranked list for the post concerned.” As per the above rule, the documents to prove the claim in the application regarding the caste status of an applicant has to be submitted before finalisation of the list for the post concerned. In the present case the rank list was finalised as early as on 18-9- 2008. This writ petition is filed only on 11-11-2011. Though Ext.P4 certificate is dated 2-9-2006, the same had not been produced before the PSC at the time of verification of the records. 4. It is to be noted that the application for appointment to the post that was notified, was submitted by the petitioner supported by necessary documents showing his caste status. It is WPC 30245/2011 4 on the basis of the documents produced by the petitioner that he has been included in the supplementary list for Muslim community by the PSC. Therefore, the PSC cannot be found fault with for having shown his name in the supplementary list for Muslim community. The petitioner had shown his caste as Muslim hoping that he would be able to get an appointment on the said basis. It is obvious that on finding that the chances of getting an appointment as a Muslim was bleak, he has decided to change his stand and seek correction of his caste status. As rightly pointed out by the counsel for the PSC, such change if permitted, would necessitate correction of the rank list which has already been finalised, to the disadvantage of many others. Such an exercise, is neither called for nor justified, in the facts and circumstances of this case. The writ petition fails and is accordingly dismissed. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC 30245/2011 5