IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 WP(C).No. 8568 of 2008(T) ------------------------------- PETITIONER: --------------- RAJU.K., S/O. K.KANNAN, KARUMPALLAM HOUSE,CHITTANCHAL, THEKKIL VILLAGE KASARGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENTS: ----------------- 1. KERALA PUBLIC SERVICE COMMISSION REP. BY ITS SECRETARY, PATTOM,THIRUVANANTHAPURAM. 2. DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION KASARGOD. 3. THE TAHSILDAR, KASARGOD. BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 8568 of 2008 -------------------------- Dated this the 2nd June, 2008 J U D G M E N T Petitioner applied for the post of Electricity Worker (Mazdoor) in the Electricity Board. After having participated in the written test and physical efficiency test, he was called for an interview. Petitioner produced the S.S.LC Book which shows that his caste is 'Mavilan' in the Scheduled Caste, as evidenced by Exhibit P4. Petitioner could not produce the document to prove that he belongs to 'Mavilan'. Instead he produced Exhibit P5 which shows that he belongs to 'Nalkadaya' which is also a scheduled caste. The stand taken by the PSC is that the certificate produced by the petitioner is not in consonance with the caste status noted in the SSLC Book. Whereas in the SSLC book, the caste is noted as Mavilan, in Exhibit P5, it is shown as Nalkadaya. They therefore, refused to consider the petitioner for inclusion in the rank list. This has been challenged in the writ petition. W.P ( C) No. 8568 of 2008 2 2. Public Service Commission refers to the following contentions forming part of the general conditions incorporated in every notification issued by the PSC. The same reads as follows: W.P ( C) No. 8568 of 2008 3 3. Accordingly, if there is a change or a claim that there is an error in the caste status noted in the SSLC Book, the said change has to be notified in a gazette notification which has to be attached to the SSLC Book as such. Community certificate will have to be in consonance with the SSLC Book or as noted in the gazette notification attached to the SSLC Book. It was found that Exhibit P5 is not in consonance with the caste status noted in the SSLC Book. It is in these circumstances, petitioner’s application has been rejected or declined to be considered as such. Learned counsel for the petitioner submits that Exhibit P5 certificate is one issued in terms of Rule 4 of the Kerala (Scheduled Caste and Scheduled Tribes) Regulation of Issue of Community Rules 2002 and the same should therefore be treated as binding on the PSC that the general conditions cannot be enforced against the rules. I am unable to accept the submission. General conditions are applicable, across the Board to all the applicants who respond to the notification issued by the PSC. It is a condition that has been formulated by the Commission which says that a certificate from the Tahasildar regarding caste status must be in consonance with the claim W.P ( C) No. 8568 of 2008 4 made in the SSLC Book. The caste status in the SSLC Book should normally reflect the caste status noted in the certificate. If there is a change in the name of the community in the sense that if a person claims that his name, religion or community is different from what is noted in the SSLC Book then such change shall be ensured by a gazette notification and the said gazette notification shall be attached to the SSLC Book/extract of Admission Register of the individual concerned. May be the petitioner actually belongs to the caste of Nalkadaya. But the caste is shown in the SSLC Book is Mavilan. Even if the case of the petitioner that the caste shown in the SSLC Book is a mistake, the change has to be ensured by a gazette notification, in accordance with, general conditions as mentioned. There is no challenge against the conditions as such, nor can such a challenge be legitimately pursued at this stage. It is within the competence of the PSC to prescribe the conditions. The petitioner was required to publish a notification in a gazette stating that his caste is Nalkadaya and get a gazetted copy of the notification attached to the SSLC Book to ensure compliance with the general conditions. W.P ( C) No. 8568 of 2008 5 4. Learned counsel for the petitioner submits that a literal enforcement of general conditions may cause hardship to the petitioner. May be this is so. But PSC is as much bound by the conditions as the applicants. Public Service Commission cannot deviate from its rules for the sake of one of the applicants. I do not find any error in the stand taken by the PSC. The writ petition is bereft of merit and hence dismissed. (V.GIRI, JUDGE) ma W.P ( C) No. 8568 of 2008 6