IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 WA.No. 609 of 2008() -------------------- AGAINST THE JUDGEMENT IN WPC.25920/2007 Dated 29/11/2007 .................... APPELLANT: RESPS IN WP ---------------------- 1. THE KERALA PUBLIC SERVICE COMMISSION PATTOM, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY 2. THE SECRETARY KERALA PUBLIC SERVICE COMMISSION PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC RESPONDENTS: PETITIONER IN WP ----------------------------- PUSHPPAMMA.T, THADATHIL PUTHENVEEDU KODUVILA P.O., EAST KALLADA, KOLLAM. BY ADV SHRI. S. SANTHOSH KUMAR THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27/8/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & THOMAS P.JOSEPH, JJ. ------------------------------------------------------------ W.A.NO: 609 of 2008 ----------------------------------------------------------- Dated this the 27th August, 2008. JUDGMENT Koshy, J. Petitioner has claimed community status as Christian Parava (OX) (scheduled caste converts to Christianity) in her application submitted for selection to the post of Non-Vocational Teacher (English). Her S.S.L.C. Book also shows that she is a Christian Parava (OX). But in view of the decision reported in Rajan v. State of Kerala {2007(1) KLT 730} she cannot claim the above OX category. When she was short listed, she was given the non-creamy layer certificate treating her as Latin Catholic. The above caste certificate is not disputed This happened in view of the Division Bench decision. In the above circumstances, on the facts and circumstances of the case, petitioner should be treated as a person belonging to the Latin Catholic Community without affecting the seniority of candidates advised already. Writ Appeal is disposed of with the above direction. J.B.KOSHY Judge THOMAS P. JOSEPH Judge jj K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: