Petitioners from Marati community sought OBC reservation for Constable post when respondents denied Non-Creamy Layer certificates. Court held that inclusion in OBC list requires action under Kerala State Commission for Backward Classes Act.
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 ANTONY DOMINIC
MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932
WP(C).No. 15235 of 2009(Y) --------------------------
PETITIONER(S):
BY ADV. SRI.SURESH KUMAR KODOTH
RESPONDENT(S):
SPL. GOVERNMENT PLEADER SRI.P.SANTHOSH KUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 15235 of 2009
APPENDIX
EXHIBITS
| EXT.P1- | TRUE COPY OF THE ADMISSION TICKET ISSUED TO THE 1ST PETITIONER FOR THE PHYSICAL EFFICIENCY TEST |
|---|---|
| EXT.P2- | TRUE COPY OF THE CASTE CERTIFICATE ISSUED TO 1ST PETITIONER |
| EXT.P3- | TRUE COPY OF THE CASTE CERTIFICATE ISSUED TO 2ND PETITIONER |
| EXT.P4- | TRUE COPY OF THE INCOME CERTIFICATE ISSUED TO 4TH PETITIONER |
| EXT.P5- | TRUE COPY OF THE INCOME CERTIFICATE ISSUED TO 5TH PETITIONER |
| EXT.P6- | TRUE COPY OF THE JOINT REPRESENTATION DATED 15.5.09 SUBMITTED BY PETITIONERS 1, 2 AND 6 |
| EXT.P7- | TRUE COPY OF THE GO DATED 15.10.03 |
| EXT.P8- | TRUE COPY OF THE CIRCULAR NO.23/2003 DATED 3.9.03 |
(TRUE COPY)
P.A TO JUDGE
ANTONY DOMINIC, J
W.P.(C).15235/2009
Dated this the 14th day of June, 2010
JUDGMENT
Petitioners belong to Marati community and are the residents of Kasargode District. In 2007, PSC invited applications for appointment to the post of Constable (Armed Police Battalion). Petitioners applied for the post claiming benefit of OBC reservation. They appeared for written test and physical efficiency test. They were called upon to produce Non Creamy Layer certificates. Applications were made, however the 1st respondent declined to issue certificates on the ground that the petitioners are not included in the OBC list in the State. It was thereupon the writ petition was filed seeking a direction to respondents 1 and 2 that the petitioners be issued Non Creamy Layer certificates and given benefits available to OBC candidates.
W.P.(C).15235/09
2
there are neither treated as scheduled tribes nor are they conferred OBC status which the Marati community residing in other areas of the State, are enjoying.
W.P.(C).15235/09
3
to OBCs, have to pursue their claims either before the Commission
as provided under Section 9 of the Act or before the Government as provided under Section 11 of the Act.
Therefore, leaving it open to the petitioners to pursue their claim in the manner as provided in Section 9 or 11 of the Kerala State Commission for Backward Classes Act, 1993, this writ petition
is disposed of.
ANTONY DOMINIC, Judge
mrcs
3 issues framed by the court
Whether petitioners belonging to Marati community in Kasargode can claim OBC status without prior listing
Whether the State Government can revise OBC list or include communities in OBC list under Kerala State Commission for Backward Classes Act
The appropriate procedural route for petitioners to claim OBC benefits
3 provisions across 1 enactments
RANJITH.K.
THE TAHSILDAR, HOSDURG TALUK
STATE OF KERALA
KERALA PUBLIC SERVICE COMMISSION
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
