ATHIRA R Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Ext.P9, whereby the application submitted by the petitioner before the Public Service Commission to the post of Work Superintendent, Palakkad District was dismissed by the 3 rd respondent Kerala Public Service Commission, and also to direct the 4th and 5th respondents i.e. Tahsildar, Palakkad Taluk and the Village Officer, Puthupariyaram, Palakkad respectively to consider Ext.P10 and issue a fresh community certificate to the petitioner similar to Ext.P5 on the basis of Ext.P4 confirming her status as "Hindu Ulladan" (Scheduled Tribe), and for other consequential reliefs. Material facts for the disposal of the writ petition are as follows:

(2.) Father of the petitioner belongs to Hindu 'Nayadi' community, a Scheduled Caste and her mother belongs to Hindu 'Ulladan' community, a Scheduled Tribe. According to the petitioner, petitioner was brought up following the rites, custom, tenets and traditions of Hindu Ulladan community and in Ext.P3 S.S.L.C Book and Ext.P4 community certificate, her caste is shown as 'Hindu-Ulladan'.

(3.) Petitioner applied for appointment to the post of Work Superintendent (Soil Conservation) in the Agriculture Department, Palakkad District through the 3rd respondent. On 28.09.2015, the 3rd respondent sent a message to the petitioner informing that she was included in the list for the post, and asked her to produce the community certificate, Secondary School Leaving Certificate and ITI certificate for verification. Accordingly, petitioner approached the 5th respondent seeking issuance of community certificate, and thereupon the 5th respondent has issued Ext.P7, in which the caste of the petitioner is noted as 'Hindu-Nayadi'. Petitioner accordingly produced the said certificate before the 3rd respondent, however, the 3rd respondent has dismissed the application submitted by the petitioner and removed her from the select list, stating that, petitioner though applied claiming benefits of 'Ulladan' (Scheduled Tribe) status, the community certificate produced by the petitioner shows that petitioner is 'Nayadi'. The Kerala Institute of Research, Training and Development of Scheduled Castes and Scheduled Tribes (KIRTDAS) has recommended Scheduled Tribes (ST) status for the 'Nayadi' tribe, which is the most vulnerable groups under the ST for which the Centre had sanctioned nearly Rs.10 crores. Therefore, it is the contention of the petitioner that the 3 rd respondent ought to have considered the petitioner's claim as Scheduled Tribe, even if not under the pretext of not knowing, ought not to have considered her claim as Scheduled Caste. Therefore, according to the petitioner, the exclusion of the petitioner from the select list is tainted with malafides and illegality, and therefore, seeks interference of this Court.