IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 WP(C).No. 23795 of 2011(Y) ---------------------------------------- PETITIONER(S): ------------------------ SAJO PAUL, KOVILPARAMBIL HOUSE, KADAMPIDI,PALAKKAD, CHITTUR P.O.,PIN-678101 BY ADVS. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): --------------------------- 1. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, CIVIL STATION, PALAKKAD-678001. 2. KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM-695001. REP.BY ITS SECRETARY. BY ADV. SRI.P.C.SASIDHARAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.23795/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE VILLAGE OFFICER, CHITTUR DTD. 23.5.2011 CERTIFYING THAT THE PETITIONER BELONGS TO LATIN CATHOLIC COMMUNITY. P2:- COPY OF THE ADMISSION TICKET ISSUED BY THE 2ND RESPONDENT. P3:- COPY OF THE REQUEST MADE BY THE PETITIONER BEFORE THE IST RESPONDENT DTD. 18.5.2011. P4:- COPY OF THE APPLICATION MADE BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 30.6.2011. P5:- COPY OF THE ORDER DTD. 29.7.2011 ISSUED BY THE IST RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). No. 23795 OF 2011 -------------------------------------------- Dated this the 5th day of September, 2011 JUDGMENT The petitioner responded to a notification issued by the Kerala Public Service Commission for appointment to the post of Staff Nurse Grade-II under the Health & Family Welfare Department. The contention of the petitioner is that he belongs to Latin Catholic Community. However, while submitting the online application, it is so happened that his caste status was wrongly noted as Roman Catholic. It is contended that the petitioner came to know about the said mistake only when he received admission ticket for the written test. Thereupon, the petitioner submitted Ext.P3 application before the first respondent seeking for a correction of his caste status as Latin Catholic. As per Ext.P5 dated 29.7.2011, the petitioner was intimated that his request could not be accepted in terms of Note 2 under paragraph 15(6) of the General Conditions in the gazette notification. This Writ Petition has been filed mainly challenging Ext.P5 and seeking for issuance of a writ of mandamus commanding the respondents to consider and take a decision on Ext.P4 request made by the petitioner after affording him an opportunity of being heard. W.P.(C) 23795/11 2 2. I have heard the learned counsel for the petitioner and also the learned standing counsel appearing for the respondents. The learned standing counsel brought to my attention Note ii under paragraph 15(d) of the General Conditions. It reads thus:- “The Community Certificate once obtained from the competent authority shall be treated as sufficient for all the subsequent applications to the Public Service Commission by the same candidate till the applicant gets recruited to any post by the Commission.” It is the settled position that in case of violation of the conditions in the General Conditions, the Public Service Commission is empowered to reject the application submitted by the concerned applicant. In this case, admittedly, condition under Note 2 Paragraph of 15(6) of the General Conditions has been violated. The petitioner who claims to be the member of the Latin Catholic community entered his caste status in the online application as Roman Catholic. The prayer of the petitioner is for granting him the benefit of caste reservation treating him as a member of the Latin Catholic Community. In view of Note 2 under Paragraph 15(6) of the General Conditions, the stand taken by the respondents in Ext.P5 cannot be said to be illegal. Evidently, the application submitted by the petitioner was not rejected. In fact, taking into account the entry made by the petitioner as against the relevant column in the application, for incorporating the caste status, he was treated under the general category. It W.P.(C) 23795/11 3 is not impermissible for a reserved community person to compete in the general quota. In view of the aforesaid discussion, the action on the part of the respondents in passing Ext.P5 taking into account the violation of the conditions in the General conditions of the relevant notification cannot be said to be illegal. Ext.P5 does not call for any interference. There is no merit in the Writ petition and accordingly, it is dismissed. C.T. RAVIKUMAR (Judge) spc W.P.(C) 23795/11 4 C.T. RAVIKUMAR, J. JUDGMENT September, 2010