Beksy.A vs The District Collector
2022 Latest Caselaw 3144 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
                  WP(C) NO. 21328 OF 2021
PETITIONER/S:

          BEKSY.A., AGED 40 YEARS
          W/O.MATHEW THOMAS, KUZHIKODIYIL HOUSE,
          ETTITHOPPU P.O., IDUKKI-685 514.
          BY ADVS.
          D.KISHORE
          MEERA GOPINATH
          R.MURALEEKRISHNAN (MALAKKARA)
          ARYA JOSEPH


RESPONDENT/S:

    1     THE DISTRICT COLLECTOR,
          COLLECTORATE, IDUKKI-685 603.
    2     THE ADDITIONAL DISTRICT MAGISTRATE,
          TALUK OFFICE, UDUMBANCHOLA, IDUKKI-685 554.
    3     THE TAHSILDAR,
          TALUK OFFICE, UDUMBANCHOLA, IDUKKI-685 554.
    4     THE VILLAGE OFFICER, ERATTAYAR VILLAGE OFFICE,
          ERATTAYAR P.O., IDUKKI-685 514.
    5     THE VILLAGE OFFICER, KOMALAPURAM VILLAGE OFFICE,
          ALAPPUZHA-688 006.
    6     ADDL. R6. THE KERALA PUBLIC SERVICE COMMISSION,
          REPRESENTED BY ITS SECRETARY, PATTOM,
          THIRUVANANTHAPURAM-695004.
                                         -2-
W.P.(C). No. 21328 of 2021



      7          ADDL. R7. THE DISTRICT OFFICER
                 KERALA PUBLIC SERVICE COMMISSION, DISTRICT
                 OFFICE, KATTAPPANA, IDUKKI- 685508

                 ADDL.R6 AND R7 ARE IMPLEADED AS PER ORDER DATED
                 07.12.2021 IN I.A.2/2021 IN WP(C) 21328/2021.
                 BY ADV ADVOCATE GENERAL OFFICE KERALA


OTHER PRESENT:

                 SMT.DEEPA NARAYANAN,SR.GP



          THIS    WRIT       PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION         ON    18.03.2022,     THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -3-
W.P.(C). No. 21328 of 2021



                             P.V.KUNHIKRISHNAN, J.
                             ======================================================

                              W.P.(C) No. 21328 of 2021
                       =============================================================

                   Dated this the 18th day of March, 2022

                                          JUDGMENT

The above writ petition is filed with following prayers:

"a. Call for the records leading to the passing of Exhibit P6 and quash the same by issuing a writ of certiorari or any other appropriate writ, direction or order.

b. Issue a writ of mandamus or any other appropriate writ, direction or order directing the 4 th respondent to issue the Caste Certificate showing the caste of the petitioner as 'Latin Catholic' as well as a direction to the 3rd respondent to issue the Non Creamy Layer Certificate to the petitioner forthwith, so as to enable her to produce the same before the Kerala Public Service Commission for the securing employment in furtherance to Exhibit P4 notification.

c. grant such other reliefs which this Honourable Court may deem fit and proper in the interest of justice." (Sic)

2. As per Ext.P1 Secondary School Leaving Certificate

of the petitioner, she belongs to Christian Latin Catholic

community. Ext.P3 is the caste certificate and from that also it

W.P.(C). No. 21328 of 2021

is clear that the petitioner belongs to Latin Catholic. The

petitioner married to a person, who belongs to Roman Catholic

community on 25.04.2005. Meanwhile, the petitioner obtained

appointment through PSC, to the post of LP School Teacher

(Malayalam Medium), Idukki District as evident by Ext.P4. In

connection with the appointment, the petitioner applied for a

caste certificate and the same is rejected as per Ext.P6 order

stating that the petitioner married a man, who belongs to

Christian Zeromalabar Syrian Catholic and therefore, the

petitioner is not entitled the Latin Catholic status. Aggrieved by

Ext.P6, this writ petition is filed.

3. Heard the counsel for the petitioner and the

Government Pleader.

4. When this writ petition came up for consideration on

06.10.2021, this court passed the following order.

"Admit.

W.P.(C). No. 21328 of 2021

Government Pleader takes notice for the respondents.

Pending disposal of the writ petition, respondents 3 and 4 are directed to issue Caste and Non Creamy Layer Certificates sought by the petitioner provisionally, subject to the outcome of the writ petition."

5. The counsel for the petitioner submitted that based

on the above order, a caste certificate is issued by the 4 th

respondent provisionally, as evident by Ext.P8.

6. After hearing both sides, it is conceded by both sides

that the point raised in this writ petition is squarely covered by a

Full Bench decision of this Court in Kerala Pattikajathi

Samrakshana Samithi and Another v. State of Kerala and

others [1995 KHC 537]. In that decision, the Full Bench of

this Court observed that the adoption, marriage and conversion

of faith of individual from one caste to another as permitted by

the Law of Adoption or marriage have no relevance for the

purpose of claiming the benefit of reservation under Art.16(4)

W.P.(C). No. 21328 of 2021

of the Constitution of India. The Apex Court also considered

this point in Sunita Singh v. State of Uttar Pradesh [AIR

(2018) SC 566].

In the light of the above decision from the Full Bench of

this Court and from the Apex Court, Ext.P6 will not stand.

Therefore, by making the interim order dated 06.10.2021

absolute, this writ petition is allowed. Ext.P6 is quashed. The

4th respondent is directed to issue the caste certificate to the

petitioner showing that the petitioner belongs to Christian Latin

Catholic, as expeditiously as possible, at any rate, within two

weeks from the date of receipt of a certified copy of this

judgment.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 21328 of 2021

APPENDIX OF WP(C) 21328/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF THE PETITIONER. Exhibit P2 TRUE COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER FROM OLTTI, PALLURUTHY. Exhibit P3 TRUE COPY OF THE CASE CERTIFICATE DATED 22.01.2019 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.

Exhibit P4 TRUE COPY OF THE NOTIFICATION DATED 05.08.2021 ISSUED BY THE DISTRICT OFFICER,KERALA PUBLIC SERVICE COMMISSION, IDUKKI.

Exhibit P5 TRUE COPY OF THE NOTICE DATED NIL ISSUED BY THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, IDUKKI. Exhibit P6 TRUE COPY OF THE PROCEEDINGS NO.C1(1)-

11534/2021 DATED 28.09.2021 OF THE 3RD RESPONDENT.

Exhibit P7 TRUE COPY OF THE RELEVANT EXTRACT OF THE RATION CARD OF THE PETITIONER.

Exhibit P8 TRUE COPY OF THE PROVISIONAL COMMUNITY CERTIFICATE DATED 8.10.2021 ISSUED TO THE PETITIONER BY THE 4TH RESPONDENT. Exhibit P9 TRUE COPY OF THE COMMUNICATION DATED 11.11.2021 ISSUED BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION TO THE PETITIONER.