High CourtsSingle Bench(2021) 05 KL CK 0117

Chaithra Bharathy vs Tahasildar Taluk Office

High Court Of Kerala · Decided on 11 May 2021

HON’BLE JUDGES
T.R Ravi, J
CASE NUMBER
Writ Petition (C) No. 10958 Of 2021

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Judgment

31 paragraphs · 700 words
1.

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 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 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.

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 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.