Subhash vs The Secretary, Board Of Public ...
2024 Latest Caselaw 10273 Ker

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

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

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

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