IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WP(C).No. 33805 of 2008(Y) -------------------------- PETITIONER: ------------- ANIL EDWARD, SHERLY SADANAM, SASTHAMCOTTA P.O., KOLLAM. BY ADV. SRI.ABHILASH S.FRANCIS SRI.C.K.PRASAD RESPONDENTS: ----------------- 1. THE GOVT. OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY IT'S SECRETARY, PATTOM PALACE P.O., THIRUVANANTHAPURAM. 3. THE DISTRICT OFFICER, THE KERALA PUBLIC SERVICE COMMISSION, REGIONAL OFFICE, KOLLAM. R1 BY SR.GOVT. PLEADER, SMT. ANU SIVARAMAN. R2 & R3 BY SRI.ALEXANDER THOMAS, SC, KPSC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 33805 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of December, 2008 JUDGMENT Heard Sri.Abhilash Francis, learned counsel for the petitioner and Sri.Alexander Thomas, learned Standing Counsel appearing for the Kerala Public Service Commission. 2. The petitioner was an applicant for appointment to the post of Junior Co-operative Inspector. In the application submitted by him, the caste status was shown as X’an Parava (OX). In the S.S.L.C. Book also his caste status is shown as X’an Parava (OX). In the community certificate evidenced by Exts.P2 and P2(a) also the petitioner’s caste status is shown as X’an Parava (OX). 3. After the caste certificate was issued, a Division Bench of this Court in Rajan V. State of Kerala [2007(1) KLT 730] held that members of Parava community on conversion to Christianity are not entitled to the benefits available to the Scheduled Caste communities and that they can only claim the benefits available to Other Eligible Communities. In view of th decision of this Court in Rajan’s case (supra), the petitioner was not included in the list of candidates belonging to OX category when the ranked list for appointment to the W.P.C.No. 33805 OF 2008 -:2:- post of Junior Co-operative Inspector was published. The reason stated is that the petitioner cannot claim caste status as X’an Parava (OX) but only as a Latin Catholic. 4. It is brought to my notice that a Division Bench of this Court has in W.A. No. 609 of 2008 considered an identical issue and held that if the caste certificate issued by competent authorities discloses that the candidate belongs to Latin Catholic community, he should be treated as a person belongs to the Latin Catholic community without affecting the seniority of the candidates already advised. In the instant case, Ext.P4 certificate issued by the Village Officer, Sasthamcotta discloses that the petitioner is a Latin Catholic Christian. It is also certified that he does not belong to the creamy layer category. 5. In these circumstances, the petitioner herein is also entitled to the benefit of the judgment of the Division Bench of this Court in WA No.609 of 2008. Accordingly, I dispose of this Writ Petition with a direction to respondents 2 and 3 to treat the petitioner as a candidate belonging to the Latin Catholic community and to include him, if he is otherwise eligible, at the appropriate place in the ranked W.P.C.No. 33805 OF 2008 -:3:- list. If the petitioner’s turn for advice arises after such inclusion, he shall be advised against the next arising vacancy. It is clarified that the advices already made in the turn available to the Latin Catholic candidates, need not be disturbed. The petitioner submits that he has applied for other categories of posts and that unless he is treated as a Latin Catholic candidate, in respect of such selections also he will have to move this Court afresh. The petitioner shall, at the time of verification of documents when he is considered for selection to the other categories of posts for which he has applied, produce a certified copy of this judgment before the District Officer concerned or the Secretary of the Commission as the case may be. They shall thereupon treat the petitioner as a candidate belonging to the Latin Catholic community. (P.N. RAVINDRAN, JUDGE) ttb W.P.C.No. 33805 OF 2008 -:4:-