PAULY SEBASTIAN Vs. PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) The prayer in the original petition is to issue a writ of certiorari or other appropriate writ, direction or order quashing Ext. P2 letter of the Public Service Commission, the first respondent, proposing to deny the community benefit given to the petitioner provisionally and directing her to show cause within 15 days from the date of the letter why 'Latin Catholic community' noted against the petitioner's name in the ranked list should not be deleted. The other prayer is for a writ of mandamus or other appropriate writ, direction or order commanding the first respondent not to delete the petitioner's community, Latin Catholic, noted against her name in the ranked list finalised for the post of Tutor in Micro-Biology on 20-2-1990. The petitioner is a Syrian Catholic by birth. Her community is mentioned as Roman Catholic going by S.S.L.C. Book and she claims to be Latin Catholic by marriage. She took her M.B.B.S. Degree in the year 1986 from the Calicut Medical College and completed House Surgeoncy from the Trichur Medical College in 1987. Se married one M. J. Sebastian who is a member of the Latin Catholic community (other than Anglo Indian) on 26-4-1987. The marriage to Mr. M. J. Sebastian was solemnised by a Latin Christian Priest in a Latin Church according to the Latin ceremony. In the year 1987, the first respondent invited applications from qualified hands for the post of Tutor in Micro-Biology in the Medical Education Department of the State of Kerala. The petitioner applied for the post. In the application the petitioner claimed that she belonged to Latin Catholic Community. An interview was conducted on 22-12-1989 at the Public Service Commission Office, Trivandrum and the petitioner's name was provisionally included in the ranked list finalised for the post of Tutor by the first respondent on 20-2-1990. Community certificate obtained from the third respondent was also produced stating that though she is a Syrian Catholic girl by birth, by marriage she has become a member of Latin Catholic. Thereafter, the petitioner received a communication dated 10-10-1990 from the first respondent stating that on examination of the case of the petitioner in detail, it was found that she is not eligible for the benefit of Community as Latin Catholic as she is a Syrian Catholic by birth and not entitled to the benefit of the community of her husband. Therefore, the first respondent proposed to delete the community benefit given to her provisionally, from the ranked list. Ext. P2 is the show cause notice sent by the Public Service Commission on which the petitioner submitted Ext. P3 reply dated 24-10-1990. In Ext. P3 it is stated that her marriage to Mr. Sebastian was solemnised by a Latin Christian Priest in a Latin Church according to the Latin ceremony. She also produced community certificate to prove the same. The case of the petitioner is that by reason of her marriage to Mr. M. J. Sebastian, a Latin Christian, a change of community from Syrian Catholic to Latin Catholic has taken place in regard to the petitioner, and she become a member of her husband's community viz. Latin Catholic Community (other than Anglo Indian). Apprehending that the first respondent may delete her community status claimed as above from the ranked list, the petitioner filed this writ petition.

(2.) The facts that the petitioner is a Syrian Catholic by birth, and before the date of application she married a Latin Christian are not in dispute. The petitioner relied on the decisions of this Court in Dr. Kunjamma Alex v. P.S.C., 1980 KLT 18 wherein the learned Single Judge of this Court held that when a Syrian girl marries a Latin Catholic, it is possible for the girl to claim the benefit of Latin Catholic for the purpose of R.17 of the Kerala State and Subordinate Services Rules, 1958. The question raised in that case is as under:

(3.) If the matter stood there, the petitioner had a good case and I would have admitted the original petition. But Standing Counsel for the first respondent, T.P.K. Nambiar, took notice and brought to my notice two decisions and also the subsequent events that eroded the authority of the decision of the Division Bench of this Court. It is submitted that the decision reported in 1981 KLT 24 was taken in appeal before the Supreme Court and in the petition for Special Leave to appeal (Civil) No.2850 of 1981 dated 3-4-1981, the Supreme Court passed the following order: