IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 WP(C).No. 1786 of 2009(K) ------------------------------------ PETITIONER(S): ------------------------- 1. JOHNSON.A, S/O.ANTONY, ADHIKARIVILA THEKKATHIL, KUMBALAM P.O., MULAVANA, KOLLAM. 2. SOBHA.L, D/O.LEONS, VILAYIL VADAKKATHIL, KUMBALAM P.O., MULAVANA, KOLLAM. 3. CINIMOL.S, D/O.STEPHEN, KALEELUVILA, KUMBALAM P.O., MULAVANA, KOLLAM. 4. JACINTHA.M, D/O.MANUEL, KALIYILVILA THEKKATHIL, KUMBALAM P.O., MULAVANA, KOLLAM. 5. BEENAMOLE.A., D/O.ANTONY, ADHIKARIVILA THEKKATHIL, KUMBALAM P.O., MULAVANA, KOLLAM. BY ADV. MR.ABHILASH S.FRANCIS RESPONDENT(S): ------------------------- 1. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM PALACE P.O., THIRUVANANTHAPURAM. 2. THE DISTRICT OFFICER, THE KERALA PUBLIC SERVICE COMMISSION, REGIONAL OFFICE, KANNUR. 3. THE DISTRICT OFFICER, THE KERALA PUBLIC SERVICE COMMISSION, REGIONAL OFFICE, KOLLAM W.P.(C) NO.1786/2009 4. THE DISTRIT OFFICER, THE KERALA PUBLIC SERVICE COMMISSION, REGIONAL OFFICE, PATHANAMTHITTA. 5. THE DISTRICT OFFICER, THE KERALA PUBLIC SERVICE COMMISSION, REGIONAL OFFICE, KOZHIKODE. ADV. MR.ALEXANDER THOMAS,SC,KPSC FOR R1 TO 5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.1786/2009 APPENDIX PETITIONER'S EXHIBITS P1(a):- COPY OF THE RELEVANT PAGE OF SSLC BOOK OF THE IST PETITIONER. P1(b):- COPY OF THE RELEVANT PAGE OF SSLC BOOK OF THE 2ND PETITIONER. P1(c):- COPY OF THE RELEVANT PAGE OF SSLC BOOK OF THE 3RD PETITIONER. P1(d):-COP RELEVANT PAGE OF SSLC BOOK OF THE 4TH PETITIONER P1(e):- COPY OF THE RELEVANT PAGE OF SSLC BOOK OF THE 5TH PETITIONER P2(a):- COPY OF THE NON CREAMY LAYER CERTIFICATE DT. 11.7.08 ISSUED BY THE VILLAGE OFFICER, MULAVANA TO THE IST PETITIONER. P2(b):- COPY OF THE NON CREAMY LAYER CERTIFICATE DT. 14.7.08 ISSUED BY THE VILLAGE OFFICER, MULAVANA TO THE 2ND PETITIONER. P2(c):- COPY OF THE NON CREAMY LAYER CERTIFICATE DT. 28.6.08 ISSUED BY THE VILLAGE OFFICER MULAVANA TO THE 3RD PETITIONER. P2(d):- COPY OF THE NON CREAMY LAYER CERTIFICATE DT. 28.6.08 ISSUED BY THE VILLAGE OFFICER, MULAVANA TO THE 4TH PETITIONER P2(e):- COPY OF THE NON CREAMY LAYER CERTIFICATE DT. 11.7.08 ISSUED BY THE VILLAGE OFFICER, MULAVANA TO THE 5TH PETITIONER. P3(a):- COPY OF THE GAZETTE NOTIFICATION DT. 9.9.08 MADE BY THE IST PETITIONER. P3(b):- COPY OF THE GAZETTE NOTIFICATION DT. 14.10.08 MADE BY THE 2ND PETITIONER. P3(c):- COPY OF THE GAZETTE NOTIFICATION DT. 5.8.08 MADE BY THE 3RD PETITIONER. P3(d):- COPY OF THE GAZETTE NOTIFICATION DT. 5.8.08 MADE BY THE 4TH PETITIONER. P3(e):- COPY OF THE GAZETTE NOTIFICATION DT. .9.908 MADE BY THE 5TH PETITIONER. P4:- COPY OF THE JUDGMENT IN WA. 609/08 DT. 27.8.08. P5:- COPY OF THE JUDGMENT IN WPC. N.33805/08 DT. 17.12.08. TRUE COPY P.S. TO JUDGE TSS T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.1786/2009-K ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 25th day of March, 2009 J U D G M E N T The petitioners belonged to Christian-Parava caste till recently. The same is recorded in their S.S.L.C book, which is evidenced as Exts.P1(a) and P1(e). Pursuant to the notification issued by the P.S.C, they have been included in the short list published by the P.S.C for 2008 Last Grade Servants. The first and the second petitioners are included in the short list for Kannur District, the third petitioner in Kollam District, the fourth petitioner in Pathanamthitta District and the fifth petitioner in Kozhikode District. 2. Subsequently, when they approached the Village Officer for getting non creamy layer certificate for producing the same before the District Officer of the P.S.C, they were made to understand that they are not entitled for the caste status as claimed by them. Later, they were issued Exts.P2(a) to P2(e) certificates showing that they belonged to Latin Catholic Community. They produced Ext.P2 series before the interview board Chairman and also produced corrected notification of their caste published in the gazette as per Exts.P3(a) to P3(e). The petitioners therefore, seek for appropriate directions to include them in the ranked list for Last Grade Servants 2008. W.P.(C) No.1786/2009 -:2:- 3. Heard the learned counsel for the petitioners and the learned Standing Counsel for the P.S.C. It is pointed out that going by Exts.P4 and P5 judgments, petitioners cannot claim the category OX. But the petitioners can be considered only as belonging to Latin Catholic Community. In similar circumstances, this Court directed that the petitioners therein should be treated as persons belonging to the Latin Catholic Community without affecting the seniority list of candidates advised already. To the same effect is the judgment Ext.P5. 4. Therefore, the writ petition is disposed of directing the respondents to see that the petitioners are included in the ranked list by assigning ranks as belonging to the Latin Catholic Community if otherwise they are eligible. This will not adversely affect the fate of candidates who have been advised already. Appropriate action shall be taken expeditiously and at any rate within a period of six weeks. The petitioners will produce a copy of this judgment before the second respondent for compliance. No costs. (T.R. Ramachandran Nair, Judge.) ms