IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 WP(C).No. 15235 of 2009(Y) -------------------------- PETITIONER(S): --------------- 1. RANJITH.K., AGED 24 YEARS, S/O.KESAVAN.K.K., NEELIMALA HOUSE, RAJAPURAM P.O., KASARAGOD DISTRICT. 2. ANEESH.P.B., AGED 24 YEARS, S/O.BALU NAIK, ANINIVAS, PULIMKOCHI, RANIPURAM, KASRGOD DISTRICT. 3. RATHISH K.N., AGED 23 YEARS, KOYATHADUKAM, CHAMUNDIKUNNU P.O., RAJAPURAM, KASARGOD DISTRICT. 4. HARISH.M.P., AGED 24 YEARS, S/O.P.MADHAVAN NAIK, PERINKAYA, MALAKKALLU P.O., KASARAGOD DISTRICT. 5. SANJITH KUMAR, AGED 26 YEARS, KAYATHADUKAM HOUSE, CHAMUNDIKUNNU POST, RAJAPURAM, KASARGOD DISTRICT. 6. RAMESH KUMAR, AGED 21 YEARS, MACHIPALLY HOUSE, BALANTHODE HOUSE, KASARGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S): --------------- 1. THE TAHSILDAR, HOSDURG TALUK, P.O.KANHANGAD, KASARGOD DISTRICT. 2. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, THIRUVANANTHAPURAM. 3. KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. SPL. GOVERNMENT PLEADER SRI.P.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15235 of 2009 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE ADMISSION TICKET ISSUED TO THE 1ST PETITIONER FOR THE PHYSICAL EFFICIENCY TEST EXT.P2- TRUE COPY OF THE CASTE CERTIFICATE ISSUED TO 1ST PETITIONER EXT.P3- TRUE COPY OF THE CASTE CERTIFICATE ISSUED TO 2ND PETITIONER EXT.P4- TRUE COPY OF THE INCOME CERTIFICATE ISSUED TO 4TH PETITIONER EXT.P5- TRUE COPY OF THE INCOME CERTIFICATE ISSUED TO 5TH PETITIONER EXT.P6- TRUE COPY OF THE JOINT REPRESENTATION DATED 15.5.09 SUBMITTED BY PETITIONERS 1, 2 AND 6 EXT.P7- TRUE COPY OF THE GO DATED 15.10.03 EXT.P8- TRUE COPY OF THE CIRCULAR NO.23/2003 DATED 3.9.03 (TRUE COPY) P.A TO JUDGE ANTONY DOMINIC, J ------------------- W.P.(C).15235/2009 -------------------- Dated this the 14th day of June, 2010 JUDGMENT Petitioners belong to Marati community and are the residents of Kasargode District. In 2007, PSC invited applications for appointment to the post of Constable (Armed Police Battalion). Petitioners applied for the post claiming benefit of OBC reservation. They appeared for written test and physical efficiency test. They were called upon to produce Non Creamy Layer certificates. Applications were made, however the 1st respondent declined to issue certificates on the ground that the petitioners are not included in the OBC list in the State. It was thereupon the writ petition was filed seeking a direction to respondents 1 and 2 that the petitioners be issued Non Creamy Layer certificates and given benefits available to OBC candidates. 2. Petitioners who are the members of Marati community residing in Kasargode District, were treated as scheduled tribes till 8.1.2003 when Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 2002, came into force. Subsequent to 8.1.2003, W.P.(C).15235/09 2 there are neither treated as scheduled tribes nor are they conferred OBC status which the Marati community residing in other areas of the State, are enjoying. 3. The stand taken by the State Government is that inclusion of Marati community residing in Kasargode in the list of scheduled tribes, can only be done by the Government of India. As far as the State Government is concerned, inclusion of a community in the OBC list or revision of OBC list, can be done only in terms of the provisions contained in the Kerala State Commission for Backward Classes Act, 1993 ('the Act' for short). Chapter III of the Act provides that if any class of citizens claim inclusion in the list of OBC, such claim is to be considered by the Commission and it is for the Commission to tender its advice to the Government which is ordinarily binding upon the Government. Similarly Section 11 of the Act provides for the periodical revision of OBC list by the Government. This Section also enables the Government to pass orders including new backward classes in the list of OBC. Therefore petitioners claiming OBC status and the benefit provided W.P.(C).15235/09 3 to OBCs, have to pursue their claims either before the Commission as provided under Section 9 of the Act or before the Government as provided under Section 11 of the Act. Therefore, leaving it open to the petitioners to pursue their claim in the manner as provided in Section 9 or 11 of the Kerala State Commission for Backward Classes Act, 1993, this writ petition is disposed of. ANTONY DOMINIC, Judge mrcs