Allowed

Vyshnav K.Vinodh, v. the District Collector

Kerala HC5 Nov 2019WP(C)/12983/2019

Case brief

AI extract

What is this about?

The High Court allowed the writ petition, setting aside the Village Officer's order rejecting a non-creamy layer certificate. Directed respondents to issue the certificate relying on later government clarifications that overrode the earlier interdicting circular.

What did the court decide?

Impugned order of Volkswagen Officer set aside; direction to respondents to issue non-creamy layer certificate to petitioner.

Vyshnav K.Vinodh, Vs the District Collector — Pension and Retirement Benefits | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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TUESDAY, THE 05TH DAY OF NOVEMBER 2019 / 14TH KARTHIKA, 1941

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WP(C).No.12983 OF 2019(W)

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PETITIONER:

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VYSHNAV K.VINODH, AGED 19 YEARS S/O.VINODH K.S., KOROMPARAMBIL HOUSE, 337/04, WEST OF BHSS, KODUNGALLUR P.O. - 680 664, THRISSUR, KERALA STATE. BY ADV. SRI.SHERRY J. THOMAS

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR, THRISSUR, FIRST FLOOR, CIVIL STATION, CIVIL LINES ROAD, KALYAN NAGAR, AYYANTHOLE, THRISSUR, KERALA - 680 003. 2 THE RDO THRISSUR, FIRST FLOOR, CIVIL STATION, CIVIL LINES ROAD, AYYANTHOLE, THRISSUR, KERALA - 680 003.

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3 THE THAHSILDAR, KODUNGALLUR, FIRST FLOOR, MINI CIVIL STATION, NATIONAL HIGHWAY 17, STAR NAGAR, KODUNGALLUR, KERALA - 680 664. 4 THE VILLAGE OFFICER, METHALA, KODUNGALLUR P.O. - 680 664, THRISSUR DISTRICT, KERALA.

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5 THE DIRECTOR, BACKWARD CLASSES DEVELOPMENT DEPARTMENT, AYYANKALI BHAVAN KANAKA NAGAR, KOWDIYAR P.O., VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 003.

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6 THE PRINCIPAL SECRETARY, KERALA BACKWARD CLASS DEVELOPMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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OTHER PRESENT:

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SR. GP. SMT. K.R.DEEPA

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC No. 12983 of 2019

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J U D G M E N T

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This writ petition was filed challenging Ext. P4 order issued by the Village Officer rejecting the petitioner's claim for non-creamy layer certificate. On the ground that the government letter No. 11978/2018 dated 06.05.2018 had interdicted the same. It is submitted by the learned counsel on either side that the government had, by a government order dated 08.05.2019 clarified that the government letter dated 06.05.2018 did not stand in the way of issuance of non-creamy layer certificate in the case of persons who had been granted such non-creamy layer certificate in accordance with the government orders in force. In the instant case, an interim order had been passed on 03.05.2019 directing the respondents to issue a provisional non-creamy layer certificate to the petitioner without reference to the community of the petitioner's mother, if he is otherwise eligible.

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In view of the clarifications issued by the government on 08.05.2019, the rejection of the noncreamy layer certificate on the ground that government

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WPC No. 12983 of 2019

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letter dated 06.05.2018 interdicted the same is no longer tenable.

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In the above view of the matter Ext. P4 order

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issued by the Village Officer is set aside. There will be a direction to the respondents to issue a non-creamy layer certificate to the petitioner. The provisional non-creamy layer certificate to the petitioner shall be treated as a regularly issued one.

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This writ petition is ordered accordingly.

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(Sd/-) ANU SIVARAMAN JUDGE

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	THE TRUE COPY OF CERTIFICATE OF PE	THE RFOR	GRADE SHEET CUM MANCE OF PETITIONER.
EXHIBIT P2	THE TRUE COPY OF OF PETITIONER'S F	RELE ATHE	VANT PAGE OF SSLC BOOK R.
EXHIBIT P2 A	THE TRUE COPY OF OF PETITIONER'S M	RELE OTHE	VANT PAGE OF SSLC BOOK R.
EXHIBIT P3	THE TRUE COPY OF CERTIFICATE DATED RESPONDENT NO.3.	THE 20/	NON-CREAMY LAYER 03/2017 ISSUED BY
EXHIBIT P3 A	THE TRUE COPY OF CERTIFICATE ISSUE FILE NO.A4-3333/1	THE D BY 8.	NON-CREAMY LAYER RESPONDENT NO.3 IN
EXHIBIT P3 B	THE TRUE COPY OF ISSUED BY RESPOND	THE ENT	CASTE CERTIFICATE NO.4 DATED 16/02/2019.
EXHIBIT P4	THE TRUE COPY OF 4TH RESPONDENT DA	THE TED	REJECTION LETTER OF 25/04/2019.
EXHIBIT P5	THE TRUE COPY OF RESPONDENT DATED	THE 31/5	LETTER OF 6TH /18.
EXHIBIT P6	THE TRUE COPY OF	THE	ORDER DATED 1/1/2015.
EXHIBIT P7	TRUE COPY OF THE	ORDE	R DATED 24/4/1979.
EXHIBIT P8	THE TRUE COPY OF NO.17445/2017 DAT	THE ED 2	JUDGMENT IN W.P.(C) 6/5/2017.
EXHIBIT P9	THE TRUE COPY OF	THE	ORDER OF RDO THRISSUR.
EXHIBIT P10	THE TRUE COPY OF 25/1/2019 IN WPC	THE 1608	INTERIM ORDER DATED /2019.
EXHIBIT P11	THE TRUE COPY OF 6/3/19 IN WPC 657	THE 8/20	INTERIM ORDER DATED 19.

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// True Copy // PA to Judge

Vyshnav K.Vinodh, v. the District Collector

Case brief

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Vyshnav K.Vinodh, v. the District Collector

Case brief

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What did the court decide?

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