A K BABU LOWER DIVISION CLERK COLLECTORATE MALAPPURAM CIVIL STATION P O MALAPPURAM Vs. STATE OF KERALA SECRETARY TO GOVERNMENT SCHEDULED CASTES AND SCHEDULED TRIBES DEVELOPMENT DEPARTMENT SECRETARIAT TRIVANDRUM

JUDGEMENT

(1.) THE petitioner claims to belong to Chakkliyan community, which is recognized as a scheduled caste community in the State of Kerala. With the strength of Ext.P2 community certificate certifying the petitioner as belonging to Chakkliyan community, which is recognized as a scheduled caste community in the State of Kerala, the petitioner submitted an application for selection to the post of Lower Division Clerk before the 2nd respondent-Kerala Public Service Commission claiming reservation benefits also. Based on that certificate, the Public Service Commission processed his application and he was included in the supplementary list prepared for scheduled castes. In his turn, he was advised for appointment and he was so appointed. Subsequently, Ext.P4 show cause notice was issued to the petitioner by the Public Service Commission directing him to show cause as to why his advise should not be cancelled since he does not belong to a scheduled caste community but to the Tholkollan community, which is recognized only an Other Backward Community in the State. THE petitioner filed Ext.P5 reply to the same claiming that he is a scheduled caste belonging to the Chakkliyan community. THE petitioner approached this Court by filing O.P.No. 12712/1999, which was disposed of on 7.7.2006 leaving it open to the Public Service Commission to take a final decision in the matter, after hearing the petitioner. THE petitioner was subsequently heard by the Public Service Commission and by Ext.P8 order, it was decided to cancel the advice and to direct the appointing authority to terminate the services of petitioner. It is challenging Ext.P8 order, the petitioner has filed this writ petition seeking the following reliefs:

(2.) THE contention of the petitioner is that the decision of the Public Service Commission was based on Ext.P6 Government Order in relation to a person named Kumaran, with whom the petitioner has no connection whatsoever. According to the petitioner, as such, the reliance on Ext.P6 is clearly misplaced and therefore the action of the Public Service Commission is clearly vitiated. THE petitioner further points out that by Ext.P2 community certificate, the petitioner's caste has been certified by the appropriate authority competent to do so, certifying the petitioner as belonging to Chakkliyan community, which is a scheduled caste community in the State of Kerala. According to him, insofar as Ext.P2 has not been cancelled by resorting to the procedure prescribed for the same, the petitioner cannot be denied the benefit of reservation as a scheduled caste. THE petitioner therefore submits that Ext.P8 is clearly unsustainable and liable to be quashed.

(3.) I have considered the rival contentions in detail.