IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 WA.No.2520 of 2005(B) --------------------------- AGAINST THE JUDGEMENT IN WPC.645/2005 Dated 26/09/2005 .................... APPELLANTS/RESPONDENTS 1 & 2: --------------------------------------- 1. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY, SC/ST DEVELOPMENT (G) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. SCRUTINEE COMMITTEE FOR VERIFICATION OF COMMUNITY CERTIFICATES CONSTITUTED UNDER THE KERALA (SC/ST), REGULATIONS OF ISSUE OF COMMUNITY CERTIFICATE ACT 1966, REP. BY ITS CHAIRMAN, SECRETARIAT, THIRUVANANTHAPURAM. BY MR. SANTHOSH KUMAR, SPECIAL GOVERNMENT PLEADER. RESPONDENTS/PETITIONER 3RD RESPONDENT: ------------------------------------------------------ 1. L.SREEKUMARY, FORMERLY TRADESMAN 'G', V.S.C.C. THIRUVANANTHAPURAM, RESIDING AT CHITTEZHATH HOUSE, SNRA 15/B, VATTIYURKKAVU, THIRUVANANTHAPURAM. 2. UNION OF INDIA, REP. BY ITS SECRETARY, SCIENCE AND TECHNOLOGY, NEW DELHI. BY MR. G.SASIDHARAN CHEMPAZHANTHIYIL, ADVOCATE. MR.VISHNU S.CHEMPAZHANTHIYIL, ADVOCATE. MR.MANJOY RAMASWAMY, ADVOCATE. MS.VIVEEJA RAVEENDRAN, ADVOCATE. MR.A.SUDHI VASUDEVAN, ADDL.CGSC FOR R2. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. BANNURMATH, C.J. & KURIAN JOSEPH, J. ------------------------------------------ Writ Appeal No.2520 OF 2005 ------------------------------------------ Dated this the 25th day of March, 2009. J U D G M E N T Kurian Joseph, J. The respondents 1 and 2 in W.P.(C) No.645/2005 are the appellants. The issue raised in the writ petition pertains to the prosecution steps initiated against the writ petitioner under Section 15 of Act 11 of 1996 on the ground that the writ petitioner had obtained a false community certificate showing that she belonged to Mala Araya for the purpose of securing employment. 2. Learned Single Judge found that the alleged certificate was obtained prior to the implementation of Act 11 of 1996 and hence no prosecution will lie. Though the learned Special Government Pleader strenuously contended that it is a continuing offence, the undisputed factual position is that the alleged false certificate was obtained in the year 1986. It is also not in dispute W.A.No.2520/2005 2 that the community status in the school records of the petitioner showed that she belonged to Mala Araya. Therefore, the learned Single Judge held that for such acts prior to the introduction of Act 11 of 1996, no prosecution will lie. All that apart, we find in Exhibit P9 judgment that the only action against the writ petitioner was that she would not be entitled to continue in service. It was also observed in the judgment that “......The petitioner personally might not be responsible.....”. In that view of the matter, we do not find any merit in the writ appeal. It is accordingly dismissed. S.R. BANNURMATH CHIEF JUSTICE KURIAN JOSEPH JUDGE smp W.A.No.2520/2005 3 S.R. BANNURMATH, C.J.& KURIAN JOSEPH, J. W.A. No. 2520 OF 2005 J U D G M E N T 25.03.2009