GOPALAKRISHNAN Vs. P S C

JUDGEMENT

(1.) The petitioner admittedly belongs to "Chakkala Nair" community. He was an applicant to the post of Public Works Overseer Grade II in Municipal Common Service when the Public Service Commission notified direct recruitment to the said post. He was included as rank No. 81 in the rank list prepared by the P. S. C and published on 6.7.1999. The petitioner is not being advised giving the benefit of reservation available to other backward communities based on Ext. P2 certificate. Ext. P2 is a certificate to the effect that the petitioner belongs to "Hindu Chakkala (Chakkala Nair)". The petitioner therefore seeks direction to the P. S. C. "to treat 'Chakkala and Chakkala Nair' community of Hindu Religion belongs to OBC category". So the issue involved in the Original Petition is whether the petitioner is entitled to caste reservation, following R.14 to 17 of the General Rules in the K.S. & S.S. Rules in the matter of appointment to the post in question. R.14(c) provides that appointment shall be made in the order of rotation specified therein among Open Competition, Other Backward Castes and Scheduled Castes and Scheduled Tribes. 'Other Backward Class' is as defined in R.2(14) of Part I Preliminary Rules of K.S. & S.S. Rules which provides that "Other Backward Classes" mean the classes declared by as such by the State Government under 16(4) of the Constitution of India. List of such castes, tribes and classes so declared are included as List I, II and III respectively in the schedule to 'this Part'. Item 10 in List III "Other Backward Classes in Kerala State" is 'Chakkala'. The other items included are Agasa, Ambalakkaran, Anglo Indian, Aremahrati, Arya, Bandari, Billava, Chavalakkaran, Devadiga, Devanga, Dheerava, Ezhava, Thiyya, Gowda, Hegde, Mappila, Muslim etc. Nair is not included in that. So is 'Chakkala Nair'. Therefore a person belonging to Chakkala Nair as certified in Ext. P2 cannot claim the benefit available to the members of Chakkala community which is declared as one among the communities in the Other Backward Classes. The petitioner submits that the P. S. C. has issued Ext. P4 circular to the following effect.