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GEETHA P, D/O.GEORGE versus KERALA PUBLIC SERVICE COMMISSION

High Court of Kerala

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GEETHA P, D/O.GEORGE v. KERALA PUBLIC SERVICE COMMISSION - WP(C) No. 27188 of 2006(J) [2007] RD-KL 1780 (23 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 27188 of 2006(J)

1. GEETHA P, D/O.GEORGE,
... Petitioner

Vs

1. KERALA PUBLIC SERVICE COMMISSION,
... Respondent

2. THE DISTRICT OFFICER,

3. TAHASILDAR,

4. VILLAGE OFFICER,

For Petitioner :SRI.K.C.ELDHO

For Respondent :SRI.P.C.SASIDHARAN, SC, KPSC

The Hon'ble MR. Justice S.SIRI JAGAN

Dated :23/01/2007

O R D E R

S. SIRI JAGAN, J.

```````````````````````````````````````````````````` W.P. (C) No. 27188 OF 2006 J ````````````````````````````````````````````````````

Dated this the 23rd day of January, 2007



J U D G M E N T

The petitioner is an applicant before the Public Service Commission for selection to the post of Primary School Teacher pursuant to Ext.P3 notification. In the application, she claimed reservation benefits as applicable to Other Christians on the basis that the petitioner belongs to the "Christian Parava" community. However, the concerned Tahsildar namely, the 3rd respondent refused to issue a certificate to the petitioner showing her as a "Christian Parava". In the above circumstances, the petitioner has approached this court seeking the following reliefs:

(i) issue a writ of mandamus or an appropriate writ or direction compelling the 3rd respondent to issue a Non-Creamy Layer Certificate in favour of the petitioner stating that she belongs to Paravar Christian in the light of Exts.P4 and P5 within a time limit stipulated by this Hon'ble court; (ii) issue a writ of mandamus or any other appropriate writ, order or direction compelling the 2nd respondent to enlarge the time for production of Non-Creamy Layer Certificate till the issuance of the same by the 3rd respondent for considering the petitioner for appointment to the post of Primary Teacher as per Ext.P3.

2. A counter affidavit has been filed on behalf of the 3rd respondent in which it is specifically stated that the petitioner belongs to Latin Catholic community. It is further stated that the petitioner being a Latin Catholic WPC.27188/06 2 Christian, she cannot claim the status of converted Christian and obtain certificate as converted Christian, which is used for getting employment earmarked for actual Scheduled Caste converts. The apprehension of the 3rd respondent is that the petitioner may thus avail double benefits as Latin Catholic convert and as Scheduled Caste convert. The learned counsel for the petitioner submits that the petitioner is not interested in claiming any benefits as a Scheduled Caste convert but now that the 3rd respondent categorically admits that the petitioner is a Latin Catholic, she would be satisfied with a certificate showing her as a Latin Catholic and also as to whether or not she comes within the parameters of Creamy Layer. She also prays that the PSC may be directed to take into account such certificate to be issued by the 3rd respondent for the purpose of granting the petitioner reservation benefits as a Latin Catholic in the matter of selection to the post of Primary School Teacher pursuant to Ext.P3.

3. The learned counsel for the PSC submits that the petitioner has in her application claimed to be Other Christian and, therefore, now she cannot be given the benefits as applicable to Latin Catholic. I do not think that the petitioner should be denied the benefits as applicable to Latin Catholic on the basis of such technical contentions. As revealed by the documents produced along with the writ petition, the petitioner is shown as "Latin Christian Paravan". Apparently, it is based on those documents that the petitioner has claimed reservation benefits as applicable to Other Christians. Now that the 3rd respondent admits that the petitioner is a Latin Christian, I do not think that the petitioner should be denied reservation WPC.27188/06 3 benefits available to her as a Latin Christian simply because on the basis of documents available with her, she showed her community as Other Christians in her application. Further, as between Other Christians and Latin Catholic the reservation benefit is the same except regarding the turn available to each. In the above circumstances, this writ petition is disposed of with the following directions: The 3rd respondent is directed to issue a community certificate to the petitioner showing her as a Latin Christian (Latin Catholic) and stating therein as to whether or not the petitioner comes within the parameters for Creamy Layer. This shall be issued within two weeks from the date of receipt of a copy of this judgment. The petitioner shall produce the said certificate before the PSC, who shall grant appropriate reservation benefits to the petitioner based on that certificate. The PSC shall grant the petitioner three more weeks' time for production of the certificate in order to enable her to get reservation benefits as a Latin Christian.

(S. SIRI JAGAN, JUDGE)

aks


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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