Kerala High Court
Dr. V. Vishnu Savanth vs State Of Kerala Represented By on 6 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 06TH DAY OF JANUARY 2021/16TH POUSHA, 1942
WP(C).No.16666 OF 2020(G)
PETITIONER:
DR. V. VISHNU SAVANTH,S/O. DR.V.VIJAYAKUMARAN,
AGED 34 YEARS, VIPANCHIKA, LENIN NAGAR,
MANNUTHY P.O., MADAKKATHARA, THRISSUR-680 651.
BY ADVS.
SRI.S.PRASANTH (AYYAPPANKAVU)
SMT.VARSHA BHASKAR
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY
THE SECRETARY TO GOVERNMENT,
BACKWARD CLASSES DEVELOPMENT DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE TAHSILDAR, THRISSUR TALUK OFFICE,
TOWN HALL, W PALACE RD, CHEMBUKKAV,
THRISSUR,KERALA-680 020.
3 THE VILLAGE OFFICER, OLLUKKARA VILLAGE OFFICE,
SREYAS NAGAR, OLLUKKARA, THRISSUR, KERALA-680 655.
R1-R3 BY GOVERNMENT PLEADER SMT. DEEPA NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.16666/2020
2
JUDGMENT
Dated this the 6th day of January, 2021
The petitioner is holding B.V.Sc., M.V.Sc. and Ph.D. in
Livestock Production Management. The petitioner is
seeking issuance of Non Creamy layer Certificate for the
purpose of appointment as Assistant Professor pursuant to
Ext.P1 notification, in Kerala Veterinary and Animal
Sciences University. Non creamy layer certificate has been
denied to the petitioner on the ground that his father was
initially appointed in Group B Cadre which dis-entitle the
petitioner to get Non Creamy layer Certificate.
2. Ext.P3 order dated 17.06.1976 would show that
petitioner's father was appointed as Veterinary Surgeon in
the pay scale of `445-835 in Indo Swiss Project, Mattupatti
under Rule 9(a)(1) of the Kerala State and Subordinate
Services Rules. His services were retrospectively
regularised with effect from 01.03.1976. Thereafter he
WP(C)No.16666/2020
joined the Kerala Agricultural University as Junior Assistant
Professor in the pay scale of `510-995.
3. The learned Government Pleader would justify
the refusal to issue Non Creamy layer Certificate on the
ground that the Entry Cadre of Junior Assistant Professor in
Kerala Agricultural University will fall under Group B. The
appointment of the petitioner in Indo Swiss Project cannot
be taken into consideration for the purpose of issuance of
Non Creamy layer Certificate. The appointment of the
petitioner's father in the Indo Swiss Project was as
temporary employment, project employment for a limited
period. Therefore appointment of the father of the petitioner
in the Project cannot be considered at all for the purpose of
Non Creamy layer Certificate.
4. The learned Government Pleader would further
submit that the petitioner did not disclose the earlier service
of the petitioner's father in the Indo Swiss Project, to the
concerned authorities for the purpose of getting Non
WP(C)No.16666/2020
Creamy layer Certificate. In the circumstances, the stand
taken by the respondents in refusing to issue Non Creamy
layer Certificate cannot be found fault with and the writ
petition is liable to be dismissed. In the event of this Court
findings that appointment of petitioner's father under Ext.P3
is to be considered, competent among the respondents may
be directed to reconsider the issue, contended the learned
Government Pleader.
5. I have heard the learned counsel for the
petitioner and the learned Government Pleader.
6. Appointment of the father of the petitioner in Indo
Swiss Project, Mattupatty is evident from Ext.P3. There is
no serious dispute that the said Indo Swiss Project was
under Government Collaboration and the appointment of the
petitioner's father was made under Rule 9(a)(1) of the
Kerala State and Subordinate Services Rules. The said
Project was later brought under the Kerala Livestock
Development and Milk Marketing Board Ltd. The contention
WP(C)No.16666/2020
of the respondents is that such appointment cannot be
considered for the purpose of deciding the Entry Cadre for
the purpose of issuance of Non Creamy layer Certificate.
7. Ext.P7 extract produced by the petitioner from
the Revenue Guide, 2019 would show that the Rules and
Regulations framed by the respondents for the purpose of
issuance of Non Creamy layer Certificate would apply to all
Public Sector Undertakings, Banks, Insurance Companies,
Universities etc.
8. Ext.P11 G.O. dated 14.06.2010 issued by the
SC/ST Development Department relating to reservation of
OBCs in appointment to the services and posts under the
Government of Kerala and issuance of Non Creamy layer
Certificate, would show that if the father of the applicant is
directly recruited in Class III/Group C or Class IV/Group D
employee and he gets into Class I/Group A at the age of 35
or earlier, his sons and daughters shall not be treated to be
falling in creamy layer. Clause 8 of Ext.P11 reads as
WP(C)No.16666/2020
follows:
"8. The sons and daughters of parents of
whom only the father is a directly recruited
Class II/Group B officer who gets into Class
I/Group A at the age of 35 or earlier are treated
to be in creamy layer. If the father is directly
recruited Class III/Group C or Class IV/Group D
employee and he gets into Class I/Group A at
the age of 35 or earlier, his sons and daughters
shall not be treated to be falling in creamy
layer."
9. The terms used in Ext.P11 G.O. is "gets into
Class I/Group A". Therefore the appointment into a higher
Class/Group need not be by promotion or deputation. In the
case of the petitioner, the petitioner's father was appointed
in Indo Swiss Project, which is a Government Project. It is
evident from Ext.P12 that the said project was subsequently
brought under Kerala Livestock Development and Milk
Marketing Board Ltd. which is a Government of Kerala
undertaking.
10. The facts as evident from the pleadings and
arguments would therefore amply show that the Entry Cadre
WP(C)No.16666/2020
of petitioner's father was neither Group A or Group B. His
Entry Cadre is to be taken as Veterinary Surgeon in the pay
scale of `445-835. The said Cadre would not fall under
either Class I/Group A or Class II/Group B. Therefore denial
of Non Creamy layer Certificate to the petitioner on that
ground cannot stand the scrutiny of law.
In the circumstances, the writ petition is disposed of
holding that the petitioner's claim for Non Creamy layer
Certificate cannot be declined on the basis of Entry Cadre
of petitioner's father. In the circumstances, the Non Creamy
layer Certificate issued pursuant to the interim order of this
Court should be treated as final. All consequences will
follow.
Sd/-
N. NAGARESH
JUDGE
ncd
WP(C)No.16666/2020
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF NOTIFICATION
NO.KVASU/GA/A6/11726/2020 DATED 8.7.2020
ISSUED BY THE KERALA VETERINARY & ANIMAL
SCIENCES UNIVERSITY.
EXHIBIT P2 TRUE COPY OF THE SCREENSHOT OF THE SMS
COMMUNICATION SENT BY THE 3RD RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER
NO.B1.5142/&5/ESTT DATED 17.6.1976 ISSUED
BY THE INDIAN DIRECTOR, INDO SWISS
PROJECT.
EXHIBIT P4 TRUE COPY OF CERTIFICATE
NO.GA/C2/22095/2019(i) DATED 11.5.2020
ISSUED BY THE REGISTRAR, KERALA
AGRICULTURAL UNIVERSITY.
EXHIBIT P5 TRUE COPY OF CERTIFICATE
NO.GA/C2/22095/2019(ii) DATED 11.5.2020
ISSUED BY THE REGISTRAR, KERALA
AGRICULTURAL UNIVERSITY.
EXHIBIT P6 TRUE COPY OF REPRESENTATION DATED
13.7.2020 SUBMITTED BY THE PETITIONER TO
THE 2ND RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE RELEVANT PAGES OF
REVENUE GUIDE 2019.
EXHIBIT P8 TRUE COPY OF THE NOTIFICATION NO.21/2/74-
ESTT.(D) DATED 11.11.1975 ISSUED BY THE
DIRECTOR, DEPARTMENT OF PERSONNEL &
ADMINISTRATIVE REFORMS, GOVERNMENT OF
INDIA.
EXHIBIT P9 TRUE COPY OF THE APPLICATION FOR CREAMY
LAYER CERTIFICATE SUBMITTED BY THE
PETITIONER TO THE 3RD RESPONDENT.
EXHIBIT P10 TRUE COPY OF G.O.(P) NO.81/09/SCSTDD
WP(C)No.16666/2020
DATED 26/09/2009 ISSUED BY THE PRINCIPAL
SECRETARY GOVERNMENT, SC/ST DEVELOPMENT
(F) DEPARTMENT.
EXHIBIT P11 TRUE COPY OF CIRCULAR
NO.27396/F3/07/SCSTDD DATED 14/06/2010
ISSUED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, SC/ST DEVELOPEMNT (F)
DEPARTMENT.
EXHIBIT P12 TRUE COPY OF THE RELIEVING ORDER NO.1/79
DATED 9-4-1979 ISSUED BY THE KERTALA
LIVESTOCK DEVELOPMENT AND MILK MARKETING
BOARD LTD.
RESPONDENTS' EXHIBITS:
EXHIBIT R2(a) TRUE COPY OF THE COMMUNICATION DATED
15.07.2020 FROM KERALA AGRICULTURE
UNIVERSITY.
