SATHEESH Vs. KERALA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) The short point that arises for consideration in this case is whether the community certificate furnished by the petitioner showing that he is a member of the Scheduled Caste could be accepted or not. According to the Public Service Commission, he did not produce the same in time and therefore it could not be accepted. The brief facts necessary for resolving the controversy are the following.

(2.) The petitioner was an applicant for the post of Reserve Conductor in the K.S.R.T.C. notified by the Public Service Commission. He is a member of the Scheduled Caste. He was successful in the written test. By Ext. P1 communication dated 11.4.2001, he was called for a physical efficiency test to be held on 27.4.2001 at the District Public Service Commission Office, Palakkad. In the said memo it was specified that the petitioner should produce the caste certificate necessary for claiming the benefit of reservation.

(3.) On getting such intimation, petitioner moved the Tahsildar for the issue of such a certificate. But the Tahsildar did not issue the same in time. Therefore, he filed O.P. No. 13868/2001, during the midsummer vacation of this Court. It was finally allowed on 4.5.2001 by Ext. P3 judgment directing the Tahsildar to issue the certificate as applied for by the petitioner. In the meantime, petitioner claims, he submitted Ext. P2 representation requesting for three weeks' time to produce the community certificate. In the said representation, he also pointed out about the pendency of the Original Petition filed by him before this Court. Later, the petitioner received Ext. P4 certificate dated 22.5.2001 on 25.5.2001. Immediately he produced the said certificate before the Public Service Commission for accepting the same. But the Public Service Commission informed him that since the interview is already over, it is not in a position to consider the claim of the petitioner.