IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 32082 of 2007(T) -------------------------- PETITIONER(S): --------------- REMYA L.V., DEEPAM, T.C.3/2152, LEKSHMI NAGAR, PATTOM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, SCHEDULED CASTES/SCHEDULED TRIBES DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE TAHSILDAR, THIRUVANANTHAPURAM. 4. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, P.S.C OFFICE, PATTOM, THIRUVANANTHAPURAM. 5. THE SECRETARY TO GOVERNMENT, HUMAN RESOURCES DEPARTMENT, GOVERNMENT OF INDIA, NEW DELHI. GOVERNMENT PLEADER, SMT.ANU SIVARAMAN ADV.SRI.P.PARAMESWARAN NAIR, ASST.SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.32082/2007-T ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 7th day of April, 2009 J U D G M E N T The petitioner is an applicant to the post of Assistant Engineer (Civil) in P.W.D/Irrigation Department. Her mother belongs to the Hindu- Cheramar caste and her father belongs to the Nadar Christian community. The community certificate issued earlier in 1998 is produced as Ext.P1. Ext.P2 is another certificate dated 03/11/2001 issued by the Tahsildar, Nedumangadu. The petitioner participated in the selection process initiated pursuant to the notification issued by the P.S.C. Ext.P10 is the provisional ranked list published by the P.S.C. She was included in the supplementary list of Scheduled Caste. The petitioner thereupon applied for issuance of community certificate before the third respondent so as to produce the same before the fourth respondent, the P.S.C. The third respondent rejected the request as per Ext.P11 taking the view that the community certificate can be issued only in terms of the caste of the father of the applicant as per G.O. (MS).No.25/05/SC/ST/DD dated 20/06/2005. This was under challenge in W.P.(C).No.9081/2006. Presently, it is submitted that the petitioner is removed from the provisional ranked list as per Ext.P19 for non production W.P.(C) No.32082/2007 -:2:- of the fresh caste certificate. As per G.O.(MS).No.109/2008/SC/ST/DD, dated 20/11/2008, in modification of the earlier orders, the Government has issued various guidelines for issuance of caste certificate. It is ordered that the competent authority who has to issue the Scheduled Caste/Scheduled Tribe Certificate to the children born out of inter caste married couple of which one of the parents is Scheduled Caste/Scheduled Tribe should ensure that the claimant is subjected to same social disabilities and also following the same customs and traditions and community has accepted that person to its fold as such. 2. Accordingly, the revised certificate is issued by the Tahsildar as per Ext.P21. Ext.P21 shows that she belongs to Hindu-Cheramar caste. The petitioner has produced the same along with Ext.P22 before the P.S.C. 3. The learned Standing Counsel for the Commission submitted, that now that the main ranked list has already been published as per Ext.P23 on 09/05/2006, the request of the petitioner to include her name cannot be accepted. The learned Standing Counsel is relying upon the Circular dated 20/12/2008, issued by the P.S.C stating that the benefits of G.O.(MS). No.109/SC/ST/DD dated 20/11/2008 is made applicable for selections finalised after 20/11/2008 only. W.P.(C) No.32082/2007 -:3:- 4. A similar question was considered by this Court in W.P.(C). No.5130/2009. The Commission was directed to accept the revised certificate and include the name of the said petitioner in an appropriate place in the ranked list without affecting the rights of the persons already advised. Herein the facts of the case show that the petitioners mother belongs to Hindu-Cheramar caste which is a Scheduled Caste. Even going by the earlier certificates, her caste was correctly shown as Hindu- Cheramar. Therefore, revised certificate reiterates the position contained in the earlier certificates. In that view of the matter as the petitioner belongs to the Hindu-Cheramar caste, she is entitled for various benefits under the relevant provisions of various Government Orders and the benefits of reservation. Hence, a liberal view ought to have been adopted in this case. The production of caste certificate is to ascertain the claim of the person concerned and whether he belongs to any community which is entitled for reservation under the relevant Government Orders. In this case going by Exts.P1, P2, P4 and P21, there cannot be a dispute regarding the caste status of the petitioner which makes her eligible for benefits of reservation, in the selection made. 5. In the result, the writ petition is allowed. Ext.P19 is quashed. The petitioners name will be included in Ext.P23 ranked list by assigning W.P.(C) No.32082/2007 -:4:- due ranking. But this will not adversely affect the interest of any other persons who have already been advised and appointed. No costs. (T.R. Ramachandran Nair, Judge.) ms