Amal John Varghese vs District Collector
2022 Latest Caselaw 1792 Ker

WP(C) NO. 12970 OF 2021                  1




                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943
                            WP(C) NO. 12970 OF 2021
PETITIONER/S:

               AMAL JOHN VARGHESE
               AGED 26 YEARS
               S/O.JOHN HENSES.V, KOCHUVEETTIL HOUSE, M.G.M NAGAR,
               PERUMPILLY P.O., MULANTHURUTHY-682314.

               BY ADV ATHIRA A.MENON



RESPONDENT/S:

      1        DISTRICT COLLECTOR
               CIVIL STATION, KAKKANAD, ERNAKULAM-682030.

      2        THE TAHSILDAR,
               TALUK OFFICE, KANAYANNUR, ERNAKULAM-682312.

      3        THE VILLAGE OFFICER
               MULANTHURUTHY VILLAGE, ARAKKUNNAM RD,
               MULANTHURUTHY, ERNAKULAM-682314.

               BY ADV GOVERNMENT PLEADER, SRI.JOBY JOSEPH


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   16.02.2022,          THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 12970 OF 2021              2




                       P.V.KUNHIKRISHNAN, J
                 --------------------------------------------
                     W.P.(C.) No. 12970 of 2021
                    --------------------------------------
             Dated this the 16th day of February, 2022


                               JUDGMENT

The above writ petition is filed with following prayers :

i) "Issue a writ of certiorari or any other appropriate writ order or direction to quash Ext.P8 rejection order issued by the 3rd respondent and direct the 2nd respondent to issue OBC certificate to the petitioner.

ii) Issue a writ of mandamus or any other appropriate writ order or direction commanding the respondents to declare that the petitioner is fully eligible to getthe reservation under OBC category.

iii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to consider and pass orders on Ext.P9 representation within a period fixed by this Hon'ble Court;

iv) Any other appropriate writ, order or direction as this Hon'ble Court may deem fit on the facts and in the circumstances of the case and allow this petition with all costs."

2. The petitioner is a Master in Library and Information

Science (MLISc.) with UGC NET holder and a job seeker.

According to the petitioner, he is coming from an economically

backward family. The petitioner was granted OBC certificate for

applying Central Government jobs earlier. Later by Ext.P6, the

Government issued an order in which the Christian-Nadar

community has included in the reservation category of State list. It

is the case of the petitioner that even though the petitioner is fully

eligible for including the OBC category, the 3 rd respondent rejected

the request of the petitioner by Ext.P8 order. Aggrieved by the

same, this writ petition is filed.

3. Heard the learned counsel for the petitioner and the

learned Government Pleader.

4. The learned counsel for the petitioner reiterated his

contentions in this writ petition. On the other hand, the learned

Government Pleader submitted that against Ext.P8 order, the

petitioner already approached the 1 st respondent with Ext.P9 and

this Court can relegate the matter to the 1st respondent.

5. In the light of the above submission, I think this writ

petition itself can be disposed, directing the 1 st respondent to

consider Ext.P9. All the contentions raised by the petitioner in this

writ petition are left open and the petitioner is free to raise all

these contentions before the 1st respondent. The petitioner will

produce a copy of this writ petition along with a copy of this

judgment before the 1st respondent for compliance.

Therefore, this writ petition is disposed in the following

manner :

1) The 1st respondent is directed to consider Ext.P9 and

pass appropriate orders in it, as expeditiously as

possible, at any rate, within six weeks from the date of

receipt of a copy of this judgment

2) Before passing final orders in Ext.P9, the 1 st respondent

will give an opportunity of hearing to the petitioner.

3) The petitioner is free to produce additional documents,

if any also before the 1st respondent, during the enquiry.

4) The petitioner will produce a copy of this writ petition

and a certified copy of this judgment before the 1 st

respondent, for compliance.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 12970/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE COMMUNITY CERTIFICATE DATED 05.07.2014 ISSUED IN FAVOUR OF PETITIONER'S FATHER BY THE ZONAL DEPUTY TAHSILDAR, KALKULAM TALUK OF KANYAKUMARI.

Exhibit P2 A TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF THE PETITIONER.

Exhibit P3 A TRUE COPY OF THE CERTIFICATE NO.SR.NO.11912/20A7/K.DIS. DATED 30.07.2020 ISSUED BY THE 2ND RESPONDENT.

Exhibit P4 A TRUE COPY OF THE REPORT DATED 14.12.2020 SUBMITTED BY THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF THE REJECTION ORDER DATED NIL ISSUED BY THE 2ND RESPONDENT.

Exhibit P6 TRUE COPY OF THE G.O(MS)NO.02/2021/P.V.V.VA DATED 06.02.2021.

Exhibit P7 A TRUE COPY OF THE G.O(RT)NO.28/2019/BCDDB DATED 08.03.2019.

Exhibit P8 A TRUE COPY OF THE REJECTION ORDER NO.252.2021 DATED 27.02.2021.

Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 08.03.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.