IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 WP(C).No. 8670 of 2008(F) -------------------------------------- PETITIONER(S): ------------------------- 1. SATHI, W/O.P.A.YOHANNAN, AGED 55 YEARS, PALLIVATHUKKAL, AYYARKULANGARA, THEKKENADA P.O. VAIKOM-686 142. 2. NEEBA.Y. D/O.SATHI, AGED 25 YEARS, PALLIVATHUKKAL, AYYARKULANGARA, THEKKENADA P.O. VAIKOM-686 142. BY ADV.MR.P.A.ABDUL JABBAR RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, SC/ST DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 3. TAHASILDAR, TALUK OFFICE, VAIKOM. R1 & R3 BY GOVERNMENT PLEADER MR. M.A.ASIF R2 BY ADV. MR.ALEXANDER THOMAS,SC,KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.8670/2008F APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE 2ND PAGE OF THE SSLC BOOK OF THE 2ND PETITIONER. EXT.P2: COPY OF THE CASTE CERTIFICATE ISSUED TO THE 2ND PETITIONER BY THE VILLAGE OFFICER, NADUVILE DTD. 2/04/2001. EXT.P3: COPY OF THE INTERVIEW CARD ISSUED TO THE 2ND PETITIONER BY THE 2ND RESPONDENT DTD. 06/03/2008. EXT.P4: COPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT DTD. 11/03/2008. EXT.P5: COPY OF THE REPORT PREPARED BY THE VILLAGE OFFICER, NAUVILE VILLAGE DTD. 11/03/2008. EXT.P6: COPY OF THE COMMUNITY CERTIFICATE ISSUED BY THE 3RD RESPONDENT DTD. 11/03/2008 EXT.P7: COPY OF THE G.O.(MS) 25/05/SCSTDD DTD. 20/06/2005. EXT.P8: COPY OF GOVT. ORDER G.O.(MS) NO.11/86 SCSTDD DTD. 13/02/1986. EXT.P9: COPY OF THE G.O.(MS) 136/07/RD DTD. 27/04/2007. EXT.P10: COPY OF THE GOVT.ORDER G.O.(MS)NO.109/SCSTDD. DTD. 20/11/2008. EXT.P11: CASTE CERTIFICATE ISSUED BY 3RD RESPONDENT DTD. 02/03/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. --------------------------- W.P.(C) No.8670 of 2008 ------------------------------------ Dated this the 20th day of March, 2009 JUDGMENT This writ petition was filed when the second petitioner was issued Exhibit P6, where the 3rd respondent certified the second petitioner as one belongs to Roman Catholic Syrian Christian, while the claim was that she belongs to Dheevara, and is eligible for the benefits provided for OEC category. Considering the submissions made by both sides, on 14/03/2008 an interim order was passed by this Court directing the second respondent to provisionally permit the petitioner to participate in the interview for the post of Assistant Engineer(Soil Conservation) in the Agricultural (Soil Conservation) Department, without insisting on the production of a caste certificate. Accordingly the petitioner was interviewed. In the meanwhile, by Exhibit P11, Caste certificate has been issued certifying that the second petitioner belongs to Dheevara Community and that she is eligible for the benefits provided for OEC category. Now that the petitioner has been issued certificate as above, all that is required to be done is to direct the second respondent to accept W.P.(C) No.8670 /2008 2 Exhibit P11 certificate and if the petitioner was found otherwise eligible to extend her the benefit treating her as one belonging to Dheevara, eligible for OEC benefit. It is clarified that advices already made will not be disturbed by virtue of this judgment. ANTONY DOMINIC, JUDGE scm