LISSYAMMA. L. Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant impugn the judgment of the learned Single Judge refusing her claim to be considered as a Latin Catholic candidate as against her original claim of belonging to Other Christian (OX-Parava Christian) community and her revised claim to be considered under the Latin Catholic community quota.

(2.) THE appellant applied for the post of High School Assistant (for short "HSA") (Malayalam) in Thrissur District. The appellant, in her application, claimed to be "X'ian Parava", but failed to produce her Caste Certificate and Non-Creamy Layer Certificate as required under Exhibit P2 communication. Having been unsuccessful in her attempt to obtain a Non-Creamy Layer Certificate, alleging unwarranted delay of the Tahsildar in issuing such certificate, the appellant was before this Court seeking a direction to the 2nd respondent-Tahsildar to issue certificate and a direction to the respondents 3 and 4 to grant the appellant sufficient time to produce the said certificate as also a declaration of her eligibility to claim reservation as a X'ian Parava. These were the only prayers in the writ petition at the time of filing and at the time of disposal.

(3.) WHILE so, this Court by a decision reported in Rajan v. State of Kerala [2007 (1) KLT 730] held that Non-Creamy Layer certificates cannot be issued on the basis of the Secondary School Leaving Certificates, Educational records or certificates issued by the Parish Priests, since none of them would be a binding evidence for proving caste. It was categorically held that there are no Christians who are entitled to be included as members belonging to Parava or Bharatha community and they would only be included in the Latin Catholic community.