Chaithra Bharathy vs The Tahasildar
2021 Latest Caselaw 12391 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR. JUSTICE T.R.RAVI

     TUESDAY, THE 11TH DAY OF MAY 2021 / 21ST VAISAKHA, 1943

                       WP(C).No.10958 OF 2021(T)


PETITIONER/S:

                CHAITHRA BHARATHY
                AGED 28 YEARS
                W/O. ANOOP HARIDAS, PALAKKADATHIL HOUSE, MULAKKULAM
                NORTH P. O., PIRAVOM - 686 664.

                BY ADV. SRI.SAJEEV KUMAR K.GOPAL

RESPONDENT/S:

                THE TAHASILDAR
                TALUK OFFICE, MINI CIVIL STATION, MUVATTUPUZHA - 686
                661.


OTHER PRESENT:

                GP MABLE C KURIEN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.10958 OF 2021(T)

                                 2




                        JUDGMENT

Dated this the 11th day of May 2021

Admit.

The Government Pleader takes notice of the respondent.

The petitioner had submitted an application to the Public

Service Commission for selection to the post of Food Safety

Officer vide category No.499/19, the qualification for which is

any degree in Bio-technology. The petitioner has a BE degree

in Bio-technology and an MS degree from Ramayya Institute

of Technology, affiliated to the BT University, Bangalore. The

petitioner participated in the written test and has been

included in the shortlist of 125 candidates. On 11.3.2021, the

Public Service Commission had sent a message to the

petitioner directing her to upload the original documents in

her profile on or before 16.3.2021. One of the documents

required to be uploaded is the Community Certificate for

SC/ST candidates.

2. The petitioner's mother belongs to Hindu Sambava

Community which is a scheduled caste community in Kerala WP(C).No.10958 OF 2021(T)

and Exhibit P2 is the community certificate issued to her. The

petitioner's father belongs to the Hindu Adi Karnataka

community, which is also a Scheduled Caste community. The

petitioner has been enjoying the benefit of reservation

throughout her studies. The petitioner's SSLC certificate

shows her caste as Adi Karnataka.

3. For the purpose of uploading the documents as

instructed by the Public Service Commission, the petitioner

applied for a community certificate in the prescribed format

before the respondent on 12.3.2021. By Exhibit P6, the Village

Officer, Vazhakkala had reported to the Village Officer,

Piravom, that the petitioner's mother belongs to the Hindu

Sambava community and her father belongs to the Adi

Karnataka community, both of which are scheduled caste

communities and that the petitioner had part of her education

in Karnataka and her community is shown as Adi Karnataka in

the SSLC Certificate. When the respondent did not issue the

certificate, the petitioner approached this Court by filing W.P.

(C)No.7069 of 2021, which was disposed of by Exhibit P7 WP(C).No.10958 OF 2021(T)

judgment dated 18.3.2021, directing the respondent to issue

community certificate to the petitioner with reference to the

community of the petitioner's mother, who belongs to the

Hindu Sambava community of Kerala. Subsequent to Exhibit

P7 judgment, the respondent had issued Exhibit P8

Certificate, but that the said Certificate is not in the

prescribed format as shown in Exhibit P9. The grievance of

the petitioner is that unless the community Certificate is

issued in the prescribed format she will not be able to use it

for her future requirements. The petitioner has submitted

Exhibit P10 before the respondent requesting for the issuance

of a community certificate in the prescribed format. The writ

petition has been filed, praying for a direction to the

respondent to issue community certificate, as ordered by this

Court in Exhibit P7 judgment in the prescribed format as seen

in Exhibit P9 immediately. There is also prayer for a direction

to the respondent to issue the necessary certificate, certifying

that the petitioner belongs to Hindu Sambava to facilitate the

correction of her caste status shown in SSLC book. WP(C).No.10958 OF 2021(T)

4. Heard Sri Sajeev Kumar K.Gopal on behalf of the

petitioner and the Government Pleader on behalf of the

respondent.

5. By Exhibit P7, this Court has already declared that

the petitioner belongs to the Sambava community and has

directed the issuance of a community certificate showing her

caste status as Hindu Sambava community. The said judgment

has become final. The fact that the petitioner's father as well

as her mother belongs to scheduled caste communities is also

not in dispute. By Exhibit P8 the respondent has also issued a

caste certificate showing that the petitioner belongs to the

Hindu Sambava caste. In the above circumstances, there can

be no objection for issuance of a certificate in the prescribed

format showing the petitioner's caste status as Hindu

Sambava. The Writ petition is hence disposed of directing the

respondent to issue a community certificate as directed by

this Court in Exhibit P7 judgment, in the format as prescribed

in Exhibit P9 immediately, at any rate within a period of one

month from the date of receipt of a copy of this judgment. The WP(C).No.10958 OF 2021(T)

respondent shall also issue the necessary certificate showing

her caste status as Sambava community, for enabling her to

get the caste status shown in her SSLC book corrected.

Sd/-

                                                     T.R.RAVI
  Dxy                                                 JUDGE
 WP(C).No.10958 OF 2021(T)






                            APPENDIX
  PETITIONER'S/S EXHIBITS:

  EXHIBIT P1          TRUE COPY OF THE LIST OF SCHEDULED

CASTE (SC), ANNEXURE VIII OF SCHEDULE I NOTIFIED IN THE GAZETTE OF INDIA DATED 18.02.2002.

EXHIBIT P2 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED TO THE MOTHER OF THE PETITIONER BY THE TAHASILDAR, KANAYANNUR TALUK DATED 27.09.2002.

EXHIBIT P3 TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE ISSUED BY THE STATE OF KERALA.

EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS OF THE COMMISSIONER FOR ENTRANCE EXAMINATION, THIRUVANANTHAPURAM VIDE NO.B3-

650/2009/CEE/(69) DATED 15.06.2009.

EXHIBIT P4(a) TRUE COPY OF THE CERTIFICATE ISSUED BY THE THAHASILDAR DATED 20.10.20.

EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 12.03.2021 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE REPORT SUBMITTED BY THE VILLAGE OFFICER, VAZHAKKALA TO THE VILLAGE OFFICER, PIRAVOM VIDE NO.1145/2021 DATED 15.03.2020.

EXHIBIT P7 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 18.03.2021 IN W.P. (C) NO.7069/2021.

EXHIBIT P8 TRUE COPY OF THE CERTIFICATE NO.A4-

3181/2021/KDIS DATED 29.03.2021 ISSUED BY THE RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE PRESCRIBED FORMAT OF WP(C).No.10958 OF 2021(T)

THE COMMUNITY CERTIFICATE TO BE ISSUED BY THE TAHSILDAR.

EXHIBIT P10 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER ON 05.04.2021 BEFORE THE RESPONDENT.