JYOTHSNA A. Vs. KERALA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) The petitioner was born on 4/4/1996 to parents belonging to the Hindu-Kuravan community. The said community is included in the list of Scheduled Castes in the State of Kerala. The fact that the petitioner belongs to the Hindu-Kuravan community is borne out from Ext.P1, Secondary School Leaving Certificate issued by the Secretary, Board of Public Examinations, Kerala. The admission register of Smt. Ambily A., the mother of the petitioner, which is produced as Exhibit P4 also discloses the fact that the mother belonged to the Hindu-Kuravan community. The petitioner asserts that her father is no more.

(2.) After acquiring the requisite qualifications, the petitioner applied for the post of Lower Primary School Teacher, pursuant to notification issued by the Kerala Public Service Commission. The petitioner performed well in the written examination and she has been shortlisted for the post. On being asked to upload the caste certificate on the website of the 1st respondent, which was received by the petitioner by way of an SMS, the petitioner approached the Village Officer through the Akshaya Centre and submitted an online application for obtaining the certificate. The petitioner was directed to approach the Village Officer, Ezhukone and the records submitted by the petitioner was forwarded to the Village Officer, Kottarakkara. Since there was undue delay in issuing the certificate, she approached the Taluk Office, Kottarakkara. According to the petitioner, the Tahsildar refused to issue the certificate on the ground that the petitioner had married a person belonging to the Christian community.

(3.) The petitioner asserts that she was born as a Hindu - Kuravan and is not a person who had an advantageous start in life being born in a forward caste. According to the petitioner, just because she married a Christian man will not wipe off the benefit of reservation granted to persons such as the petitioner. It is contended that all through her life she has been suffering all handicaps and disadvantages for having been born as a member of the scheduled caste. The petitioner asserts that she is a Hindu by birth and conscience and has not embraced Christianity.