IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 WP(C).No. 28700 of 2011(J) ---------------------------------------- PETITIONER(S): ------------------------ NISHANTHINI.N., D/O.NARAYANAN, HOUSE NO.570, KAVUNGAL HOUSE, PUDUSSERY P.O, PALAKKAD DISTRICT. BY ADVS. SRI.M.R.ANISON, SMT. K.P.GEETHAMANI, SMT. ANNIE JACOB. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, SCHEDULED CASTES AND SCHEDULED TRIBES, DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPUAM. 2. THE KERALA INSTITUTE FOR RESEARCH TRAINING AND DEVELOPMENT STUDIES FOR SCHEDULED CASTE AND SCHEDULED TRIBES (KIRTADS), REPRESENTED BY ITS DIRECTOR, CHEVAYOOR, KOZHIKODE - 17. 3. THE TAHSILDAR, TALUK OFFICE, PALAKKAD - 678 001. R1 & R3 BY GOVERNMENT PLEADER SMT. RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.28700/2011 J APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RELEVANT PAGES OF THE S.S.L.C.BOOK OF THE PETITIONER. P2: COPY OF THE RELEVANT PAGES OF THE S.S.L.C.BOOK OF THE PETITIONER'S MOTHER KRISHNAKUMARI.M. P3: COPY OF THE RELEVANT PAGES OF THE S.S.L.C.BOOK OF THE PETITIONER'S BROTHER NISHANTH.N. P4: COPY OF THE RELEVANT PAGES OF THE S.S.L.C.BOOK OF THE PETITIONER'S FATHER'S BROTHER'S DAUGHTER VINITHA.K. P5: COPY OF THE RELEVANT PAGES OF THE SCHOOL ADMISSION REGISTER OF THE PETITIONER'S FATHER'S BROTHER'S SON VINEETH.K. P6: COPY OF THE RELEVANT PAGE OF THE RATION CARD OF THE PETITIONER'S MOTHER'S FAMILY. P7: COPY OF THE SCHOOL CERTIFICATE OF PETITIONER'S MOTHER'S BROTHER. P8: COPY OF THE RELEVANT PAGES OF THE LETTER ISSUED BY THE 3RD RESPONDENT DTD. 26/09/2011. P9: COPY OF THE LETTER ISSUED BY THE SECRETARY TO GOVERNMENT DTD. 19/12/1986 ACCEPTED THE REPORT OF THE KIRTADS. P10: COPY OF THE JUDGMENT DTD. 07/11/2003 IN O.P.NO.20100/2003 OF THIS HON'BLE COURT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 28700 OF 2011 ----------------------------------------------------- Dated this the 28th day of October, 2011 J U D G M E N T Heard the learned counsel for the petitioner and also the learned Government Pleader. 2. Petitioner claims to be a member of 'Kadaiyan' community which is a scheduled caste in the State of Kerala. She applied for admission to B.Ed. Course in the quota earmarked for schedule caste candidates and she has to produce a community certificate before 31.10.2011. Accordingly she made an application to the 3rd respondent. The petitioner submitted that despite the 3rd respondent having conducted an enquiry, without any reason whatsoever he issued Ext.P8 requesting for a clarification from the 2nd respondent. As a result of the above the petitioner is denied the caste certificate and consequently she is deprived of her opportunity to join the B.Ed. Course. It is in such circumstances this writ petition is filed. W.P.(C) No. 28700 OF 2011 :2 : 3. The learned Government Pleader opposes the prayer for issuance of a certificate mainly contending that it was because there are several fraudulent claims, that the Tahsildar has sought such a clarification. It is also submitted that the individual community status of the petitioner is a matter which is to be enquired into and that therefore, at this stage certificate cannot be issued. 4. Although the respondent is free to conduct any enquiry which if felt is necessary, still it is to be taken note of that even in Ext.P8 the Tahsildar has not made any statement disputing the caste status of the petitioner. It is in spite of that he has sought clarification. 5. In my view, so long as the caste status of the petitioner is not disproved or even doubted by the Tahsildar, it is unfair to deny certificate to the petitioner thus deprive her from seeking admission for higher courses. Therefore I direct that on the production of a copy of this judgment the 3rd respondent will issue a certificate certifying the caste status of W.P.(C) No. 28700 OF 2011 :3 : the petitioner. 6. It is made clear that any benefit enjoyed on the strength of such certificate will be liable to be recalled if in the enquiry it is found that the petitioner does not belong to the schedule caste community as claimed by her. 7. The 3rd respondent shall issue the certificate before 31st of October, 2011 on the production of a copy of this judgment along with a copy of this writ petition. The writ petition is disposed of as above. ANTONY DOMINIC, JUDGE ul/-