Disposed

Shaji P. v. State of Kerala and Others

Kerala HC4 Jan 2008WP(C)/151/2008

Case brief

AI extract

What is this about?

Court disposed of a writ petition regarding reservation for Parava-converts in Kerala State Electricity Board recruitment, directing the petitioner to re-present the original application and directing the Village Officer to decide on certificate issuance within the specified timeline.

What did the court decide?

Petitioner directed to re-present original application; Village Officer directed to take decision and issue certificate if eligible within specified time limits.

Shaji P. Vs State of Kerala and Others — Pension and Retirement Benefits | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.GIRI

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FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929

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WP(C).No. 151 of 2008(R)

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PETITIONER:

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SHAJI.P., AGED 35, S/O.PAVIAN, KOYIPPURATHUVEEDU, KODUVILA (PO), EAST KALLADA, KOLLAM.

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BY ADV. SRI.K.G.RADHAKRISHNAN

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RESPONDENTS:

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THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVT. (REVENUE), GOVT. SECRETARIAT, THIRUVANANTHAPURAM.

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THE VILLAGE OFFICER, EAST KALLADA, KOLLAM DIST.

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THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM.

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THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KOLLAM.

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R3 & R4 BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC R1 & R2 BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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V.GIRI, J.

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W.P.(C).No.151 of 2008 F

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Dated this the 4^th day of January, 2008.

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JUDGMENT

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The Public Service Commission notified selection for the post of Electricity Worker/Mazdoor in the Kerala State Electricity Board. The petitioner applied for the same. After the physical and cycling test, he was directed to produce the necessary certificate to prove his caste. The petitioner had claimed reservation. He is a Parava-convert and he claims the benefit of reservation in that regard. He approached the 2^nd respondent with the original of Ext.P2 application. In the column relating to his religion, he has shown it as 'Latin Christain” and his caste is shown as Parava-convert. If he is a Parava-convert, according to the standing counsel for the Public Service Commission , he is eligible to be treated as “Other Christian”. Ext.P2 will show that the original of the application was returned to the petitioner.

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W.P.(C).NO.151/08

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:: 2 ::

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On instructions, learned Government Pleader submits that, apparently, the petitioner requested for return of the original application.

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Learned counsel for the petitioner submits that the petitioner was made to run from pillar to post for a certificate and ultimately the original of the application was returned to him.

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I find it difficult to believe that the petitioner had requested for return of the application. He applied for a certificate for eligible reservation for Other Backward Community and after due enquiry, 2^nd respondent is required to issue a certificate. If he is eligible to be treated as a member of a Backward Community, then such certificate must be issued to him. Return of the application is neither contemplated nor warranted.

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In such circumstances, the writ petition is disposed of directing the petitioner to

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W.P.(C).NO.151/08

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:: 3 ::

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forthwith re-present the original of Ext.P2 application before the 2^nd respondent. This shall be done on or before 9.1.2008 and if it is so done, after due enquiry, appropriate steps may be taken by the 2^nd respondent on the said application. If it is found that the petitioner is eligible to be treated as Parava-convert, then necessary certificate may be issued to him. At any rate, the 2^nd respondent shall take a decision on Ext.P2 application on or before 14.1.2008.

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Sd/- (V.GIRI) JUDGE

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sk/

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//true copy//

Shaji P. v. State of Kerala and Others

Case brief

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Shaji P. v. State of Kerala and Others

Case brief

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