IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 WP(C).No. 35742 of 2009(K) -------------------------- PETITIONER(S): --------------- SIMIMOL T.S, W/O.ANANDAKUMAR A.J GEETHA BHAVAN, OTTASEKHARAMANGALAM PO THIRUVANANTHAPURAM DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF HEALTH & FAMILY WELFARE SECRETARIAT,THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY THE SECRETARY KERALA PUBLIC SERVICE COMMISSION PATTOM, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER THIRUVANANTHAPURAM. 4. THE DISTRICT OFFICER KERALA PUBLIC SERVICE COMMISSION THIRUVANANTHAPURAM. 5. THE TAHSILDAR TALUK, OFFICE , NEYYATTINKARA. 6. THE VILLAGE OFFICER OTTASEKHARAMANGALAM. GOVT. PLEADER SMT. ANU SIVARAMAN SC FOR PSC SRI. ALEXANDER THOMAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.35742 OF 2009 (K) -------------------------------------------------- Dated this the 14th day of December, 2009 J U D G M E N T In response to a notification issued by the PSC, petitioner applied for the post of Junior Public Health Nurse Grd.II. It is stated that her father is a Hindu Ezhava (OBC) and her mother is Hindu Cheramar (SC). Both Ext.P1 SSLC book and Ext.P4 certificate dated 22.11.2006 show the caste status of the petitioner as Hindu Cheramar. However, when Ext.P6 certificate was issued on 14.1.2009, petitioner's caste status was shown as Hindu Ezhava, her father's caste. 2. At the time of certificate verification petitioner produced Ext.P6 and subsequently submitted Ext.P7 requesting that in view of the change of stand adopted by the Tahsildar, she should at least be given the benefit of OBC status. Despite the representation, by Ext.P8 dated 4.12.2009, she was directed to produce a certificate showing her caste status as Hindu Cheramar and was informed that or else her candidature will be rejected. It is in these circumstances the writ petition is filed. WPC.No.35742 /09 :2 : 3. The the consistent view taken by this Court is that when a candidate make an application claiming schedule caste status, it is for the candidate to prove the caste status at the time of certificate verification. However, in this case for facts which are peculiar as stated above, it was not possible for the petitioner to produce the certificate supporting her SC claim. In my view, the peculiar facts already noticed requires that the petitioner should be given an opportunity to make an application to the 5th respondent, for considering the caste status of the petitioner in terms of G.O(MS).No.709/08/SC.ST/DD dated 20.11.2008 and the 5th respondent should conduct necessary enquiry and if satisfied should issue certificate showing the caste status of the petitioner. This has to be done expeditiously so that she can produce the certificate before the PSC. 4. Accordingly, the writ petition is disposed of directing that it will be open to the petitioner to make an application as indicated above before the 5th respondent within one week, in which event the 5th respondent shall complete necessary enquiry within 6 weeks. Once order is passed or certificate is issued, petitioner shall produce the same within 10 days thereafter before WPC.No.35742 /09 :3 : the PSC. In order to enable the petitioner to do as above, it is directed that further proceedings pursuant to Ext.P8 be kept in abeyance for 8 weeks from today. Petitioner shall produce a copy of the judgment before respondents 2,4 and 5 for compliance. (ANTONY DOMINIC) JUDGE vi/ WPC.No.35742 /09 :4 :