Kerala High Court
Kerala Public Service Commission vs Rakhi K, W/O Vijayakumar K, Aged 25 Years on 16 October, 2025
Author: Anil K.Narendran
Bench: Anil K.Narendran
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OP(KAT)No.526 of 2024
2025:KER:77696
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
THURSDAY, THE 16TH DAY OF OCTOBER 2025 / 24TH ASWINA, 1947
OP(KAT) NO. 526 OF 2024
AGAINST THE ORDER DATED 30.07.2024 IN OA NO.319 OF 2023 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS 1 AND 2:
1 KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, THULASI HILLS, PATTOM P
O, THIRUVANANTHAPURAM, PIN - 695004
2 THE DISTRICT OFFICER,
KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE,
ERNAKULAM, PIN - 682016
BY ADV SHRI.P.C.SASIDHARAN
RESPONDENTS/APPLICANT & RESPONDENT No.3:
1 RAKHI K, W/O VIJAYAKUMAR K,
AGED 25 YEARS.,
RESIDING AT THATTUNALU PLAVILA PUTHEN VEEDU,
285, PERUMTHANNI, KAZHIVOOR P O,
THIRUVANANTHAPURAM, KERALA,
PIN - 695526
2 DEEPIKA M,
NAIPPALLY, PARAVOOR, PUNNAPRA NORTH P.O., ALAPPUZHA
(ADDITIONAL RESPONDENT 3 IS IMPLEADED AS PER ORDER
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OP(KAT)No.526 of 2024
2025:KER:77696
DATED 24.07.2023 IN MA.NO. 1337/2023 IN OA.NO.
319/2023) KERALA, PIN - 688014
BY ADVS.
SRI.P.NANDAKUMAR
SHRI.VIVEK VIJAYAKUMAR
SMT.MERIN K JIMMY
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 16.10.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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OP(KAT)No.526 of 2024
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JUDGMENT
Muralee Krishna, J.
The respondents 1 and 2 in O.A.No.319 of 2023 on the file of
the Kerala Administrative Tribunal, Thiruvananthapuram, (the
'Tribunal' in short) filed this original petition, invoking the
supervisory jurisdiction of this Court under Article 227 of the
Constitution of India, challenging the order dated 30.07.2024
passed by the Tribunal in that original application.
2. The 1st respondent is a candidate who secured 43 rd
rank in Annexure A3 ranked list published by the Kerala Public
Service Commission ('KPSC' in short) for the post of Clerk
Typist/Typist Clerk in various departments in Ernakulam District,
in the selection process conducted by the KPSC, pursuant to
Annexure A1 notification dated 27.07.2019. According to the 1st
respondent, she belongs to Hindu Nadar Community. Despite the
production of all relevant materials, including Annexure A4
notification published in Kerala Gazette Volume V on 16.02.2016
and Annexure A6 non-creamy layer certificate dated 05.08.2022
issued by the Village Officer concerned, she is included in the
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ranked list without granting the community benefit. Hence, the 1 st
respondent approached the Tribunal with the original application
filed under Section 19 of the Administrative Tribunals Act, 1985,
seeking the following reliefs:
"(i) declare that the applicant is entitled to be included in
Annexure A3 ranked list as Hindu Nadar candidate.
(ii) direct the respondents to include the applicant in
Annexure A3 ranked list as Hindu Nadar and advice her
against the first turn of Hindu Nadar community."
2.1. Before the Tribunal, the KPSC filed a reply statement
dated 15.11.2023 opposing the relief claimed by the 1st
respondent. To that reply statement, the 1 st respondent filed a
rejoinder dated 10.06.2024, producing therewith Annexures A10
to A14 documents.
2.2. After hearing both sides and on appreciation of
materials on record, the Tribunal, by the Ext.P4 impugned order
dated 30.07.2024, allowed the original application. Being
aggrieved, the petitioners/respondents 1 and 2 are now before
this Court with this original petition.
3. Heard the learned Standing Counsel for KPSC for the
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petitioners and the learned counsel for the 1 st respondent.
4. The learned Standing Counsel for the KPSC submitted
that the claim raised by the 1st respondent is based on Annexure
A4 gazette notification dated 16.02.2016. By Annexure A4, it is
notified that the 1st respondent embraced Hinduism from the
Christian Nadar community as per Suddhi certificate
No.26545/015 dated 08.12.2015 issued from Aryasamaj,
Thiruvananthapuram, with the same name, and therefore she will
be a member of the Hindu Nadar community. In the Secondary
School Leaving Certificate of the 1st respondent, her caste is
shown as Christian Nadar. The learned Standing Counsel invited
our attention to the Kerala State and Subordinate Service Rules,
1958 ('KS & SSR', in short), Part I, wherein the Hindu Nadar is
included in serial No.49 and Nadar included in S.I.U.C. is included
in serial No.49A of list III other backward classes in the Kerala
State. The learned Standing Counsel further invited our attention
to Annexure to Rule 15 of Part II of KS & SSR, wherein Nadar
included in S.I.U.C. is serial No.38 and Hindu Nadar is in serial
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No.60 of the list for direct recruitment to the post other than those
included in the Kerala Last Grade Service. Therefore, according to
the learned Standing Counsel, there is a huge difference as far as
the granting of reservation is concerned for the Christian Nadar
and Hindu Nadar communities. The learned Standing Counsel
further relied on the judgment of the Apex Court in C.Selvarani
v. The Special Secretary-Cum-District Collector [2024 SCC
Online SC 3470], the judgment of this Court in Sapna Jacob v.
State of Kerala [1992 (2) KLT 657] and in Lalkumar P. v.
Kerala Public Service Commission [Judgment dated
22.01.2007 in W.P.(C)No.24808 of 2006]:[2007 KER 2737]
in support of his contentions. It is also pointed out by the learned
standing counsel that the Tribunal passed the impugned order
under the premise that the conversion of the 1 st respondent is
from the Christian Nadar to Hindu Nadar when she is living in a
family consisting of Nadars of different sects, which is against the
principles laid down in the above-referred judgments.
5. On the other hand, the learned counsel for the 1st
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respondent submitted that the 1st respondent is at serial No.43 in
Annexure A3 ranked list, and even if the original petition is
allowed, she will be advised in the open category, since the next
general category candidate to be advised from Annexure A3
ranked list is the 1st respondent.
6. In C.Selvarani [2024 SCC Online SC 3470] the
Apex Court held thus:
"15. At this juncture, we may observe that India is a secular
country. Every citizen has a right to practise and profess a
religion of their choice as guaranteed under Article 25 of the
Constitution. One converts to a different religion, when
he/she is genuinely inspired by its principles, tenets and
spiritual thoughts. However, if the purpose of conversion is
largely to derive the benefits of reservation but not with any
actual belief on the other religion, the same cannot be
permitted, as the extension of benefits of reservation to
people with such ulterior motive will only defeat the social
ethos of the policy of reservation. In the instant case, the
evidence presented clearly demonstrates that the appellant
professes Christianity and actively practices the faith by
attending church regularly. Despite the same, she claims to
be a Hindu and seeks for Scheduled Caste community
certificate for the purpose of employment. Such a dual claim
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made by her is untenable and she cannot continue to
identify herself as a Hindu after baptism. Therefore, the
conferment of Scheduled caste communal status to the
appellant, who is a Christian by religion, but claims to be
still embracing Hinduism only for the purpose of availing
reservation in employment, would go against the very
object of reservation and would amount to fraud on the
Constitution".
7. In Sapna Jacob v. State of Kerala [1992 (2) KLT
657], a learned Single Judge of this Court held thus:
"6. It is also important to note the definition of the
expression 'Hindu' in the various enactments such as Hindu
Marriage Act, Hindu Adoption and Maintenance Act and
Hindu Succession Act. In all these enactments the
expression 'Hindu' has been defined in the same manner.
Under Explanation to Section 2 of the Hindu Succession Act,
it is stated that the following persons are Hindus, Buddhists,
Jainas or Sikhs by religion, as the case may be:
(a) any child, legitimate or illegitimate, both of whose
parents are Hindus, Buddhists, Jainas or Sikhs by religion;
(b) any child, legitimate or illegitimate, one of whose
parents is a Hindu, Buddhists, Jaina or Sikh by religion and
who is brought up as a member of the tribe, community,
group or family to which such parent belongs or belonged;
(c) any person who is a convert or reconvert to the Hindu,
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Buddhist, Jaina or Sikh religion.
The petitioner at the most can claim to come under
Explanation (b) of Section 2 of Hindu Succession Act. But in
order to avail the benefit of that clause it must be further
proved that she was brought up as member of Hindu
community. In order to prove that the petitioner was a
member of the Hindu community she must have established
that there was a bona fide intention to be converted to the
Hindu faith accompanied by conduct or unequivocally
expressing that intention. It is true that no formal ceremony
of purification or expiration is necessary to effectuate
conversion. The petitioner is admittedly the daughter of a
Jacobite Christian. So by birth she is a Christian. A convert
must embrace Hinduism and follow the cultural system and
tradition of that religion and should take the Hindu mode of
life. It may be true that the Court cannot test or gauge the
sincerity of religious belief; or where there is no question of
the genuineness of a person's belief in a certain religion, the
court cannot measure its depth or determine whether it is
an intelligent conviction or ignorant and superficial fancy.
But a court can find the true intention of men lying behind
their acts and can certainly find from the circumstances of
a case whether a pretended conversion was really a means
to some further end. In the instant case the petitioner's
mother after marrying V.M. Jacob changed her name as Uma
Jacob. The petitioner's name is Sapna Jacob, admittedly a
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Christian name. There is nothing in evidence to show that
the petitioner ever led a Hindu mode of life. The only ground
on which the petitioner claims the benefit of Scheduled
Caste is that her mother is a Scheduled Caste.
xxx xxx xxx
8. Lastly, the petitioner relied on Ext.P7 Government Order
issued on 25.01.1977. The Government order says that with
a view to encourage inter caste marriage, the children born
of inter caste marriages will be allowed all educational
concessions given to Scheduled Caste or Scheduled Tribe
communities provided either the father or mother belongs
to a Scheduled Caste or Scheduled Tribe community. Ext. P7
has been issued to encourage inter caste marriage and
concessions now being given to the Scheduled Castes are
extended to the children of inter-caste marriages. That does
not mean that the children born in the wedlock of such
marriages would become Scheduled Castes as envisaged
under the provisions of the Indian Constitution. The
reservation for admission to colleges and employment is a
constitutional right and if one seeks benefit under the
reservation he has to be a member of the Scheduled Caste
as defined under Art.341 of the Constitution of India".
8. In W.P.(C)No. 24808 of 2006 in the matter of
Lalkumar P. v. Kerala Public Service Commission, a learned
Single Judge of this Court held that the conversion can only be to
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another religion and not to a particular segment or denomination.
9. The 1st respondent herein was converted from Christian
Nadar to Hindu Nadar. When analysing the facts of the present
case in the light of the judgments referred to supra, it can only
be said that the effect of conversion of the 1 st respondent from the
Christian Nadar community to Hindu Nadar community will, in
effect is a conversion to the Hindu religion from the Christian
religion and not to a particular caste in the Hindu religion. Hence,
the 1st respondent cannot claim the reservation of a particular
caste within the Hindu community after converting as a Hindu
from the Christian religion. The Tribunal failed to consider this
aspect while passing the impugned order. Moreover, as rightly
argued by the learned Standing Counsel for KPSC, the rotation of
reservation is different for Christian Nadar and Hindu Nadar under
the KS & SSR.
10. Having considered the pleadings and materials on
record and the submissions made at the Bar, we find that the
Tribunal failed to properly appreciate the materials on record in
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their proper perspective and hence the impugned order is liable to
be set aside.
In the result, the original petition is allowed by setting aside
the impugned order dated 30.07.2024 in O.A.No.319 of 2023
passed by the Tribunal and the original application stands
dismissed.
Sd/-
ANIL K.NARENDRAN, JUDGE
Sd/-
sks MURALEE KRISHNA S., JUDGE
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APPENDIX OF OP(KAT) 526/2024
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE NOTIFICATION DATED
29.08.2019 FOR THE POST OF CLERK TYPIST/
TYPIST CLERK VARIOUS DEPARTMENTS IN VARIOUS
DISTRICT NOTIFIED AS CATEGORY NO.103/2019.
Annexure A2 TRUE COPY OF THE ADMISSION TICKET
(PROVISIONAL) ISSUED BY THE 1ST RESPONDENT
TO THE APPLICANT.
Annexure A3 TRUE COPY OF THE RANKED LIST NO. :
95/2023/DOE PUBLISHED BY THE 2ND RESPONDENT
AND BROUGHT INTO FORCE WITH EFFECT FROM
13.02.2023. (CAT NO. 103/2019)
Annexure A4 TRUE COPY OF THE RELEVANT EXTRACT OF THE
NOTIFICATION PUBLISHED IN KERALA GAZETTEE
,VOLUME V ON 16.02.2016
Annexure A5 TRUE COPY OF THE SCREENSHOT OF THE
APPLICATION SUBMITTED BY THE APPLICANT.
Annexure A6 TRUE COPY OF THE NON CREAMY LAYER CERTIFICATE
NO. 66919005 DATED 05.08,2022 ISSUED BY
VILLAGE OFFICER KANJIRAMKULAM
Annexure A7 TRUE COPY OF THE VERIFICATION CERTIFICATE
DOWNLOADED FROM THE PROFILE OF THE APPLICANT
Annexure A8 TRUE COPY OF THE SCREENSHOT OF THE PROFILE
OF THE APPLICANT
Annexure A9 TRUE COPY OF THE DETAILS OF VACANCIES
DOWNLOADED FROM THE WEBSITE OF THE 1ST
RESPONDENT
Annexure A10 TRUE COPY OF THE RELEVANT EXTRACT OF THE
GENERAL CONDITIONS ISSUED BY THE PSC FOR
RECRUITMENT
Annexure A11 TRUE COPY OF THE RELEVANT EXTRACT OF SCHOOL
ADMISSION REGISTER IN RESPECT OF THE FATHER
OF THE APPLICAN
Annexure A12 TRUE COPY OF THE RELEVANT EXTRACT OF SCHOOL
ADMISSION REGISTER IN RESPECT OF THE MOTHER
OF THE APPLICANT.
Annexure A13 TRUE COPY OF G.O (MS.)NO.1/2022/BCDD DATED
25.02.2022
Annexure A14 TRUE COPY OF THE ADVICE DATED 28.012021
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TENDERED BY THE KERALA STATE COMMISSION FOR
BACKWAD CLASSES TO GOVERNMENT.
Exhibit P1 THE TRUE COPY OF THE ORIGINAL APPLICATION,
Exhibit P2 THE TRUE COPY OF THE REPLY STATEMENT FILED
BY THE COMMISSION DATED 15/11/2023
Exhibit P3 THE TRUE COPY OF THE REJOINDER FILED BY THE
1ST RESPONDENT TO THE REPLY AFFIDAVIT FILED
BY THE COMMISSION DATED 10-06-2024
Exhibit P4 THE TRUE COPY OF THE ORDER DATED 30-07-2024
