Disposed

Thulasi C.H. v. the Tahsildar

Kerala HC21 Mar 2013WP(C)/6815/2012

Case brief

AI extract

What is this about?

Petitioner challenged rejection of Non-creamy Layer Certificate application for L.D.C. post due to Nair father. Court directed her to approach KIRTADS within one month to prove adherence to Ezhava customs before removing her from provisional list.

What did the court decide?

Petitioner directed to submit representation to KIRTADS within one month for enquiry and submission of report to Tahsildar; name retained in provisional list pending decision.

Thulasi C.H. Vs the Tahsildar — Pension and Retirement Benefits | Kerala HC (2013)

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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 A.M.SHAFFIQUE

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THURSDAY, THE 21ST DAY OF MARCH 2013/30TH PHALGUNA 1934

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WP(C).No. 6815 of 2012 (B)

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PETITIONER(S):

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THULASI.C.H., D/O.C.HARIKUMAR, RESIDING AT CHANGARADIL HOUSE, MUSEUM CROSS LANE, CHEMBUKKAVU, THRISSUR-680 020.

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BY ADVS.SRI.T.C.SURESH MENON

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SRI.P.S.APPU SRI.A.R.NIMOD

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RESPONDENT(S):

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1. THE TAHSILDAR, TALUK OFFICE, THRISSUR-680 001.

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2. THE VILLAGE OFFICER,

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CHEMBUKAVU VILLAGE, THRISSUR-680 020.

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3. KERALA PUBLIC SERVICE COMMISSION,

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REPRESENTED BY ITS SECRETARY, PATTOM,

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THIRUVANANTHAPURAM, PIN-695 004.

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R1 & R2 BY GOVERNMENT PLEADER SRI.NOUSHAD THOTTATHIL

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R3 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-03-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C)NO.6815/2012

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXT.P1TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE DATED NIL

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EXT.P2TRUE COPY OF THE ADMISSION TICKET ISSUED BY THE THIRD RESPONDENT DATED NIL.

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EXT.P3TRUE COPY OF THE APPLICATION PUT IN BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 12.3.2012.

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EXT.P4TRUE COPY OF THE REPORT ISSUED BY THE VILLAGE OFFICER, CHEMBUKAVU VILLAGE, THRISSUR DATED 13.3.2012.

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EXT.P5TRUE COPY OF THE REPORT ISSUED BY THE VILLAGE OFFICER, PALLIPURAM VILLAGE DATED 9.4.2010.

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EXT.P6TRUE COPY OF THE COMMUNITY CERTIFICATE OF THE BROTHER OF THE PETITIONER DATED 18.5.2011.

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EXT.P7TRUE COPY OF THE ORDER ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER DATED 15.3.2012.

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RESPONDENTS' EXHIBITS : NIL

/TRUE COPY/

P.S.TO.JUDGE

sts

A.M.SHAFFIQUE, J.

---------------------------------------------------W.P.(C) No. 6815 of 2012 - B

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--------------------------------------------------Dated this the 21^st March, 2013

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J U D G M E N T

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The petitioner had applied for the post of Lower Division Clerk as per notification issued by the Kerala Public Service Commission (KPSC). The written test is over and when the petitioner applied to the Tahsildar for a Non-creamy Layer Certificate, the same came to be rejected on the ground that petitioner's father belongs to Nair Community and the mother alone belongs to Ezhava Community.

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Apparently, the petitioner cannot claim the benefit of Ezhava Community. But if the petitioner has a case that she was following the customs and practices of Ezhava Community, it is for the petitioner to prove the same. But no attempt has been made by the petitioner in that regard.

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W.P.(C) No. 6815 of 2012 - B

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Counter affidavit is filed by the 1^st respondent

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inter alia contending that as per the entries in the SSLC book of the petitioner, her caste is shown as Hindu-Ezhava and on enquiry it was found that petitioner's father belongs to the Hindu Nair Community and therefore she is not entitled to get Non-creamy Layer Certificate. Necessary enquiry had been conducted in this regard and Ext.P7 was issued stating that for the purpose of getting an employment through KPSC, Non-creamy Layer Certificate cannot be issued.

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The 3^rd respondent has also filed a counter affidavit stating that the notification inviting application to the post of L.D.C. in the various departments were published in the gazette on 31.12.2010 fixing the last date of receipt of application on 16.2.2011. The test was conducted on

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W.P.(C) No. 6815 of 2012 - B

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18.5.2011 and after due process of selection, the probability list was published on 9.3.2011. All candidates having 61 marks were included in the rank list published on 30.3.2012. The petitioner was included in the supplementary list of Ezhava Community and had appeared for verification of original documents on 18.3.2012. Though the petitioner claimed to be an Ezhava Community, she did not produce Non-creamy Layer Certificate to substantiate the claim. The petitioner was granted three days time to produce the certificate, but the same was not submitted. Hence her name was included in the rank list as provisional under the Supplementary list of Ezhava Community as rank No.480.

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According to the petitioner she is entitled for

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Non-creamy Layer Certificate as she belongs to

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W.P.(C) No. 6815 of 2012 - B

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Ezhava Community. The authorities have already come to a conclusion that since her father was a Hindu Nair, she is not entitled to get Non-creamy Layer Certificate. The petitioner has a case that despite the fact that the petitioner's father belongs to Nair Community she had followed the custom and traits of Ezhava Community and is entitled for a Non-creamy Layer Certificate. This is a matter to be considered by a competent authority. In that view of the matter, I am of the view that it shall open for the petitioner to approach the KIRTADS and submit necessary documents as evidence to establish her claim and

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KIRTADS can give a report after necessary enquiry.

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The petitioner shall submit a representation in this regard before KIRTADS within a period of one month from today and on receiving such a representation, the KIRTADS shall conduct an enquiry

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W.P.(C) No. 6815 of 2012 - B

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into the matter and issue appropriate report to the Tahsildar concerned as early as possible. Until such a decision is taken in the matter, the petitioner's name may not be removed from the list.

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The writ petition is disposed of as above.

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Sd/- A.M.SHAFFIQUE, JUDGE.

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rka

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/true copy/

Thulasi C.H. v. the Tahsildar

Case brief

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Thulasi C.H. v. the Tahsildar

Case brief

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