Kerala High Court
Subhash vs The Secretary, Board Of Public ... on 11 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 7460 OF 2024
PETITIONER/S:
1 SUBHASH
AGED 39 YEARS
S/O AZHAGU SUNDARAM, SANGEETHA BHAVAN, ETTUVALIKODU,
NEDUMANCAVU P.O., KAREEPRA, KOTTARAKARA TALUK, KOLLAM
DISTRICT, PIN - 691509
2 SANGEETHA S
AGED 18 YEARS
D/O SUBHASH, SANGEETHA BHAVAN, ETTUVALIKODU,
NEDUMANCAVU P.O., KAREEPRA, KOTTARAKARA TALUK, KOLLAM
DISTRICT, PIN - 691509
3 SANDHYA S
AGED 17 YEARS
D/O SUBHASH, SANGEETHA BHAVAN, ETTUVALIKODU,
NEDUMANCAVU P.O., KAREEPRA, KOTTARAKARA TALUK, KOLLAM
DISTRICT, PIN: 691509. (MINOR REPRESENTED BY THE 1ST
PETITIONER, FATHER), PIN - 691509
BY ADVS.
K.V.ANIL KUMAR
SWAPNA VIJAYAN
RADHIKA S.ANIL
RESPONDENT/S:
1 THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS
OFFICE OF THE BOARD OF PUBLLIC EXAMINATIONS, GOVERNMENT
OF KERALA, THIRUVANANTHAPURAM., PIN - 695001
2 THE JOINT COMMISSIONER
OFFICE OF THE COMMISSIONER OF EXAMINATIONS,
POOYJAPPURA, THIRUVANANTHAPURAM, PIN - 695001
3 TAHSLDAR
THALUK OFFICE, KOTTARAKKARA, KOLLAM DISTRICT, PIN -
691506
4 VILLAGE OFFICER
KAREEPRA VILLAGE OFFICE, KAREEPRA P.O., KOLLAM
DISTRICT, PIN - 691509
5 THE REGISTRAR OF BIRTHS AND DEATHS
KOLLAM MUNICIPAL CORPORATION, KOLLAM DISTRICT, PIN -
691001
2
W.P.C No. 7460 of 2024
6 THE HEADMISTRESS
GOVT. HSS, KUZHIMATHICADU, KUZHIMATHICADU P.O.,
KOLLAM DISTRICT, PIN - 691509
OTHER PRESENT:
ADV SAROJINI K G-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
3
W.P.C No. 7460 of 2024
JUDGMENT
The petitioners, have approached this Court, seeking the following reliefs:
i. to issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2 nd respondent to reconsider Exts-P13 and P14 applications of the petitioners 2 and 3 for correction of caste in their Exts-P7 and P8 Secondary School Leaving Certificates after considering Exts- P3 to P6 and P9 to P12 immediately;
ii. grant such reliefs as may be prayed for and the court may deem fit and proper in the facts and circumstances of the case and iii. to dispense with the translation of the documents produced in the vernacular language."
2. The grievance of the petitioners is that, even though the 1st petitioner and his family belong to Maruthuvar community, as evidence by Exts.P3 to P6, and P9 and P10 certificates, the caste name was mistakenly mentioned as Hindu-Pandithar, in Exts.P6, P7 and P8 school certificates of the 2 nd and 3rd petitioners.
A correction of the same was sought, but the same was rejected as per the endorsement made in Ext.P14 application submitted by 4 W.P.C No. 7460 of 2024 the petitioners. This writ petition was submitted in such circumstances.
3. Today, when the matter came up for consideration, the learned Government Pleader upon getting instruction from the 3 rd respondent submitted that, an enquiry has been conducted with respect to the caste status of the petitioners and it was found that the petitioners belong to Maruthuvar community and they are residing in Kottarakara Taluk for years together. Therefore, the claim of the petitioners can be accepted.
In the light of the submission made above, this writ petition is disposed of directing the 2nd respondent to carryout necessary correction in this regard, by showing the caste status of the 2 nd and 3rd petitioners, as Hindu-Maruthuvar. The orders in this regard shall be passed within a period of one month from the date of receipt of a copy of this judgment.
Sd/-
ZIYAD RAHMAN A.A JUDGE rpk 5 W.P.C No. 7460 of 2024 APPENDIX OF WP(C) 7460/2024 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE BIRTH CERTIFICATE OF THE 2ND PETITIONER DATED 23.01.2021 ISSUED BY THE 5TH RESPONDENT Exhibit-P2 A TRUE COPY OF THE BIRTH CERTIFICATE OF THE 3RD PETITIONER DATED 23.01.2021 ISSUED BY THE 5TH RESPONDENT Exhibit-P3 A TRUE COPY OF THE CASTE CERTIFICATE DATED 13.10.2023 OF THE 2ND PETITIONER ISSUED BY THE 4TH RESPONDENT Exhibit-P4 A TRUE COPY OF THE CASTE CERTIFICATE DATED 13.10.2023 OF THE 3RD PETITIONER ISSUED BY THE 4TH RESPONDENT Exhibit-P5 A TRUE COPY OF THE OBC CERTIFICATE DATED 03.01.2024 OF THE 2ND PETITIONER ISSUED BY THE 3RD RESPONDENT Exhibit-P6 A TRUE COPY OF THE OBC CERTIFICATE DATED 03.01.2024 OF THE 3RD PETITIONER ISSUED BY THE 3RD RESPONDENT Exhibit-P7 A TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF THE 2ND PETITIONER Exhibit-P8 A TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF THE 3RD PETITIONER Exhibit-P9 A TRUE COPY OF THE CERTIFICATE DATED 15.09.2023 ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER Exhibit-P10 A TRUE COPY OF THE CERTIFICATE DATED 15.09.2023 ISSUED BY THE 3RD RESPONDENT TO THE 3RD PETITIONER Exhibit-P11 A TRUE COPY OF THE GAZETTE NOTIFICATION DATED 30.09.2023 OF THE 2ND PETITIONER Exhibit-P12 A TRUE COPY OF THE GAZETTE NOTIFICATION DATED 30.09.2023 OF THE 3RD PETITIONER Exhibit-P13 A TRUE COPY OF THE APPLICATION OF THE 2ND PETITIONER DATED 16.10.2023 WITH COVERING 6 W.P.C No. 7460 of 2024 LETTER OF THE 6TH RESPONDENT BEFORE THE 2ND RESPONDENT Exhibit-P14 A TRUE COPY OF THE APPLICATION OF THE 3RD PETITIONER DATED 16.10.2023 WITH COVERING LETTER OF THE 6TH RESPONDENT BEFORE THE 2ND RESPONDENT