Petitioner challenged denial of community and non-creamy layer certificates for Non Vocational Teacher post. Court directed Tahasildar to consider petitioner's application and decide within two weeks.
Direction to third respondent to consider Ext.P5 and take a decision within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.M.JOSEPH
WEDNESDAY, THE 21ST FEBRUARY 2007 / 2ND PHALGUNA 1928
WP(C).No. 5275 of 2007(C)
-----------------------------------
PETITIONER:
------------------
DEEPA. L., D/O.V. LAWRENCE, AGED 26 YEARS, KANJIRAM NINNA NORTH HOUSE, MULLUVILA P.O., NEYYATTINKARA TALUK, THIRUVANANTHAPURAM.
BY ADV. SRI.J.DEVADANAM SRI.VINOD J.DEV SRI.PRAMOD J.DEV
RESPONDENTS:
----------------------
1. THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM.
2. THE REGIONAL OFFICER, KERALA PUBLIC SERVICE COMMISSION, REGIONAL OFFICE, ERNAKULAM.
3. THE TAHASILDAR, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM.
R1 & R2 BY ADV. SHRI P.C. SASIDHARAN, SC, KPSC.
R3 BY GOVERNMENT PLEADER (SHRI A. J. VARGHESE)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/02/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K. M. JOSEPH, J.
W.P.C. NO. 5275 OF 2007 C
Dated this the 21st February, 2007
JUDGMENT
Case of petitioner, in brief, is as follows:
Petitioner belongs to Latin Catholic Christian Nadar Community. She appeared in the interview for the post of Non Vocational Teacher (Junior) in English in the Kerala Vocational Higher Secondary Education Department. Petitioner was issued a communication to appear for the interview by Ext.P2. She was asked to produce Certificate showing that she belongs to the Latin Catholic Christian Nadar Community and non-creamy layer Certificate. Petitioner produced Exts. P1and P3. She relies on Ext.P1 and also Ext.P3. It is her case that the respondents did not accept the same and they insisted for Certificate from the Tahsildar. She approached the Tahsildar, but she was informed that no fresh Certificate will be issued to anybody. Petitioner submitted Ext.P4 before second respondent.
WP(C) NO.5275/07 C
2
Ext.P3 is the Certificate issued by the Village Officer. There is no Certificate issued by the Tahsildar. Petitioner submitted Ext.P5 application before third respondent, Tahsildar. In such circumstances, the Writ Petition is disposed of with a direction to third respondent to consider and take a decision on Ext.P5 in accordance with law, within a period of two weeks from the date of receipt of a copy of this Judgment.
K. M. JOSEPH, JUDGE
kbk.
2 issues framed by the court
Whether the petitioner's certificates for community and non-creamy layer status satisfy the requirement for the post of Non Vocational Teacher.
Whether the Tahasildar is directed to consider the petitioner's application regarding the certificate issue.
Deepa. L.
The Kerala Public Service Commission
The Regional Officer, Kerala Public Service Commission
The Tahasildar, Neyyattinkara Taluk
K.M. Joseph
K.M. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
