Abhishek Sudarsanan v. Village Officer, KottaKKal Village; Tahsildar, Tirur Taluk; Village Officer, Keralasseri Village; Tahsildar, Palakkad Taluk; District Collector, Malappuram; State of Kerala; Commissioner for Entrance Examinations

**IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **MONDAY, THE 18TH DAY OF JUNE 2018 / 28TH JYAISHTA, 1940** **WP(C).No. 8306 of 2018** **--------------------** **PETITIONER(S) -------------** **ABHISHEK SUDARSANAN, AGED 18 YEARS, S/O.DR.K.K. SUDARSANAN, RESIDING AT 'SUDARSANAM', THOKKAMPARA, P.O. KOTTAKKAL, MALAPPURAM DISTRICT.** **BY ADVS.SRI.P.U.SHAILAJAN,** - **SRI.M.SURESH KUMAR, SRI.V.SREEJITH,** - **SMT.D.N.NISHANI, SMT.VIDYA KURIAKOSE.** ## **RESPONDENT(S):** ## **--------------** **1. THE VILLAGE OFFICER, KOTTAKKAL VILLAGE, TIRUR TALUK, MALAPPURAM DISTRICT-676 503.** **2. THE TAHSILDAR, TIRUR TALUK, P.O. TIRUR, MALAPPURAM DISTRICT-676 101.** **3. THE VILLAGE OFFICER, KERALASSERI VILLAGE, P.O. KERALASSERI, PALAKKAD DISTRICT-678 641.** **4. THE TAHSILDAR, PALAKKAD TALUK, CIVIL STATION, PALAKKAD-678 001.** **5. THE DISTRICT COLLECTOR, MALAPPURAM -676 505.** **6. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695 001.** **7. THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, 5TH FLOOR, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001.** - **BY SPL. GOVT. PLEADER SRI.K.V. PRAKASHAN.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-06-2018, THE COURT ON 18/06/2018 DELIVERED THE FOLLOWING:** **rs. 18/06/2018.** **WP(C).No. 8306 of 2018 (K)** ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE PRINT OUT OF THE APPLICATION FOR COMMUNITY CERTIFICATE. EXHIBIT P2 TRUE COPY OF THE PRINT OUT OF THE APPLICATION FOR NATIVITY CERTIFICATE. EXHIBIT P3 TRUE COPY OF THE PRINT OUT OF THE APPLICATION FOR INCOME CERTIFICATE. EXHIBIT P4 TRUE COPY OF THE APPLICATION SUBMITTED ALONG WITH THE DOCUMENTS TO THE VILLAGE OFFICER, KOTTAKKAL. EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 17.02.2017 GIVEN TO THE VILLAGE OFFICER, KERALASSERI. EXHIBIT P6 TRUE COPY OF THE NATIVITY CERTIFICATE DATED 09.02.2017. EXHIBIT P7 TRUE COPY OF THE INCOME CERTIFICATE DATED 15.02.2017. EXHIBIT P8 TRUE COPY OF THE MESSAGES SENT THROUGH MOBILE PHONE FROM THE 1ST RESPONDENT. EXHIBIT P9 TRUE COPY OF THE PRINT OUT OF THE APPLICATION GIVEN TO THE 7TH RESPONDENT. EXHIBIT P10 TRUE COPY OF THE APPLICATION SEEKING TIME TO PRODUCE THE COMMUNITY CERTIFICATE GIVEN TO THE 7TH RESPONDENT. EXHIBIT P11 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN O.P.(C)NO.6493/1995 DATED 23.08.1995. EXHIBIT P12 TRUE COPY OF THE JUDGMENT IN W.A.NO.1459 OF 1995 DATED 04.08.2000. EXHIBIT P13 TRUE COPY OF THE SCHOOL ADMISSION REGISTER OF THE PETITIONER'S GRANDFATHER'S SISTER KALLIANIKUTTY. EXHIBIT P14 TRUE COPY OF THE SCHOOL ADMISSION REGISTER OF THE PETITIONER'S GRANDFATHER'S SISTER AMMALU. EXHIBIT P15 TRUE COPY OF THE SCHOOL ADMISSION REGISTER OF THE PETITIONER'S GRANDFATHER'S SISTER KARTHYAYINI. EXHIBIT P16 TRUE COPY OF THE SCHOOL ADMISSION REGISTER OF THE PETITIONER'S GRANDFATHER'S BROTHER BALAKRISHNAN.** **...2/-** ## **WP(C).No. 8306 of 2018 (K)** **EXHIBIT P17 TRUE COPY OF THE EXTRACT OF THE SCHOOL ADMISSION REGISTER OF THE PETITIONER'S FATHER ISSUED FROM S.A.U.P. SCHOOL DATED 14.06.1994. EXHIBIT P18 TRUE COPY OF THE EXTRACT OF THE SCHOOL ADMISSION REGISTER OF THE PETITIONER'S FATHER ISSUED BY HEAD MASTER, HIGH SCHOOL, KERALASSERY DATED 01.06.1994. EXHIBIT P19 TRUE COPY OF THE COMMUNITY CERTIFICATE DATED 09.03.2017 ISSUED BY 1ST RESPONDENT. EXHIBIT P20 TRUE COPY OF THE GENEALOGY OF PETITIONER'S FATHER'S FAMILY. EXHIBIT P21 TRUE COPY OF THE REGISTERED DOCUMENT NO.2675 OF 1911 OF S.R.O., PARALI,"VERUMPATTA SEETTU" EXECUTED BY NOTTU, S/O.THANDAN KUNJU. EXHIBIT P22 TRUE COPY OF THE VERUMPATTA SEETTU EXECUTED BY NOTTU, S/O.THANDAN KUNJU ON 06.04.1993. EXHIBIT P23 TRUE COPY OF THE 'PATTA SEETTU' EXECUTED BY NOTTU, S/O.THANDAN KUNJU ON 12.05.1916. EXHIBIT P24 TRUE COPY OF THE MUMPATTA SEETTU NO.543/1940 EXECUTED BY NOTTU, S/O.THANDAN KUNJU ON 01.04.1940. EXHIBIT P25 TRUE COPY OF THE SCHOOL ADMISSION EXTRACT OF THE PETITIONER'S FATHER'S SISTER RAJAMANI. EXHIBIT P26 TRUE COPY OF THE SCHOOL ADMISSION EXTRACT OF THE PETITIONER'S FATHER'S SISTER VALSALAKUMARI. EXHIBIT P27 TRUE COPY OF THE SCHOOL ADMISSION EXTRACT OF THE PETITIONER'S FATHER'S SISTER HEMAMALINI. EXHIBIT P28 TRUE COPY OF THE SCHOOL ADMISSION EXTRACT OF THE PETITIONER'S FATHER'S BROTHER JAYAPRAKASHAN. EXHIBIT P29 TRUE COPY OF THE SCHOOL ADMISSION EXTRACT OF THE PETITIONER'S FATHER'S BROTHER SURESH. K.K. EXHIBIT P30 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED TO THE PETITIONER'S FATHER ON 15.07.1980. EXHIBIT P31 TRUE COPY OF THE APPLICATION SUBMITTED BY THE GRANDFATHER OF THE PETITIONER TO THE TAHSILDAR, PALAKKAD THROUGH THE VILLAGE OFFICER, KERALASSERI ON 16.06.1988 AND THE RECOMMENDATION GIVEN BY THE VILLAGE OFFICER, KERALASSERI. EXHIBIT P32 TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR, PALAKKAD AND LETTER ISSUED BY THE DIRECTOR OF HARIJAN WELFARE AND THE COMMUNITY CERTIFICATE ISSUED TO JYOTHI.** **....3/-** ## **WP(C).No. 8306 of 2018 (K)** **EXHIBIT P33 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P(C)NO.10583 OF 2017 DATED 30.05.2017. EXHIBIT P34 TRUE COPY OF THE ORDER OF THE 5TH RESPONDENT DATED 14.06.2017. EXHIBIT P35 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED TO THE PETITIONER'S FATHER DATED 07.03.1986. EXHIBIT P36 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED TO THE PETITIONER'S FATHER DATED 19.04.1994. EXHIBIT P37 TRUE COPY OF THE COMMUNITY CERTIFICATE ISSUED TO THE PETITIONER'S FATHER DATED 14.11.1995. EXHIBIT P38 TRUE COPY OF THE EXTRACT OF THE SCHOOL ADMISSION REGISTER OF BALASUBRAMANYAN. EXHIBIT P39 TRUE COPY OF THE COMMUNITY CERTIFICATE IN FAVOUR OF BALASUBRAMANYAN DATED 25.08.1986. EXHIBIT P40 TRUE COPY OF THE COMMUNITY CERTIFICATE IN FAVOUR OF K.K. SURESH DATED 28.03.1988. EXHIBIT P41 TRUE COPY OF THE COMMUNITY CERTIFICATE IN FAVOUR OF K.K. SURESH DATED 15.01.1996. EXHIBIT P42 TRUE COPY OF THE PATTASEETTU 1249/1925 EXECUTED BY SRI.MOTTU DATED 09.05.1925. EXHIBIT P43 TRUE COPY OF THE GOVERNMENT ORDER G.O.(MS)NO.93/2010/SCST/DD DATED 30.08.2010. EXHIBIT P44 TRUE COPY OF THE APPEAL MEMORANDUM SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT ON 02/06/2017. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE** **rs. 18/06/2018.** ## **SHAJI P. CHALY, J.** -------------------------------------------------- ## **W.P.(C) No.8306 of 2018 ----------------------------------------------Dated this the 18[th] day of June, 2018** ## **JUDGMENT** This writ petition is filed by the petitioner, who is a candidate participated in the National Eligibility cum Entrance Test (NEET) for admission to Under Graduate Medical courses conducted by the C.B.S.E. The claim of the petitioner is that, he belongs to 'Thandan' community, which is included in the Scheduled Castes, and petitioner's father, grand-father and great grand-father etc. are also belonging to Thandan community. It is also the claim of the petitioner that, himself and his ancestors were born and brought up as Thandan by their parents. Petitioner along with his parents are permanently residing within the limits of Kottakkal Village Office, Tirur Taluk, Malappuram District. According to the petitioner, petitioner's father was previously at Keralasseri Village, Palakkad Taluk and District. 2. On 04.02.2017, petitioner submitted an application for Community certificate, Nativity Certificate and Income Certificate through online, before the Village Officer, Kottakkal 2 **W.P.(C) No.8306 of 2018** to apply for the medical courses in the community quota, evident from Exts.P1 to P3 respectively. On 11.02.2017, petitioner received a message from the Village Officer, Kottakkal, stating that community certificate is kept pending. It was further informed that, documentary evidence and caste proof are required in order to proceed with the application. According to the petitioner, thereupon, petitioner's father on 14.02.2017 submitted several documents to prove that petitioner belongs to 'Thandan' community, and therefore, entitled to get the benefits of the Scheduled Caste, evident from Ext.P4. 3. Petitioner's application was forwarded to Keralasseri Village, Palakkad District. It is also the case of the petitioner that, thereafter also, father of the petitioner approached the Village Officer and submitted Ext.P5 application along with all necessary documents. However, the community certificate is not issued by the respondents. According to the petitioner, even though Nativity and Income certificates are issued, community certificate is not so far issued. Petitioner has also produced Ext.P8 message sent through mobile phone by the 1[st] respondent, stating that application for community certificate 3 **W.P.(C) No.8306 of 2018** is kept pending. Thereupon, petitioner has submitted an online application to the 5[th] respondent on 24.02.2017 and other steps were taken in order to secure the community certificate. It is also submitted that, petitioner's father is issued with Ext.P11 certificate, stating that he belongs to Thandan community, as per the directions issued in O.P.(C) No.6493 of 1995 dated 23.08.1995. The appeal preferred against the said judgment was dismissed as per Ext.P12. It is the further case of the petitioner that, the amendment made in the year 2007 is not applicable to the petitioner's case, since he belongs to original Thandan community and not a Thiyya or Ezhava community. Petitioner has also produced Exts.P13 to P16 copies of school admission register of petitioner's grandfather's sisters Kallianikutty, Ammalu, Karthyayini and brother Balakrishnan. So also, Exts.P17 and P18 certificates are issued to petitioner's father. 4. Circumstances being so, petitioner has filed W.P.(C) No.1581 of 2017 before this Court seeking direction to consider application for community certificate submitted through online. During the pendency of the writ petition, a community certificate dated 09.03.2017 was issued stating 4 **W.P.(C) No.8306 of 2018** that, petitioner belongs to 'Hindu Thiyya' community, also stating that the certificate is issued on the report of Keralasseri Village Officer, and as per G.O.(MS)No.93/2010/SCST DD dated 30.08.2010, evident from Ext.P19. According to the petitioner, Ext.P19 is issued without taking into account the real facts and circumstances of the case. Petitioner has also produced other documents to show the genealogy of petitioner's father with the object of establishing that petitioner belongs to the Thandan community, and is entitled as of right to continue as Scheduled Caste in accordance with the prescriptions made under the Constitution of India in respect of the same. Accordingly, petitioner seeks to quash Ext.P19 certificate issued by the 1[st] respondent, and Ext.P34 order passed by the 5[th] respondent holding that petitioner is not entitled to get community certificate showing his caste status as 'Thandan'. Petitioner has also produced certain additional documents along with I.A.No.10177 of 2018. 5. A statement is filed for and on behalf of the 2[nd] respondent, refuting the allegations and claims and demands raised by the petitioner. Among other contentions, it is stated that, Thandan Caste was included in Entry 61 of Part VIII of **W.P.(C) No.8306 of 2018** 5 the Schedule to the Constitution (Scheduled Castes) Order, 1950. Under Article 341 of the Constitution of India, President is empowered to specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of the Constitution be deemed to be Scheduled Castes in relation to that State. The President in consultation with the Governors of various States had issued the Constitution (Scheduled Castes) Order, 1950, specifying various Castes to be Scheduled Castes in respect of different States. Part XVI thereof related to the then State of Travancore-Cochin. At item 22 of Part-XVI, Thandan caste is specified for the entire State. In the list Part-V, applicable to the State of Kerala, which is the successor to the State of Travancore-Cochin, at item No.14 Caste Thandan is specified for the entire State, except Malabar District. The Scheduled Castes and Scheduled Tribes (Amendment) Act, 1976 came into force on 27.07.1977. In the first schedule thereof, under Part-VII relating to the State of Kerala, Thandan is specified as item No.61. That means, all other castes listed in Part-VII including Thandan were Scheduled Castes for the purposes of the entire State. On 17.05.1979, the Government of Kerala ## **W.P.(C) No.8306 of 2018** 6 issued an order noting that upon coming into force of the Scheduled Castes and Scheduled Tribes (Amendment) Act, 1976, on and with effect from 27.07.1977, the Thandan community throughout the State of Kerala came to be included in the list of Scheduled Castes. 6. It is further stated, in the meanwhile, complaints were received to the effect that there was a section of Ezhavas/Thiyyas of Malabar area and of certain Taluks of Trichur District who were called 'Thandans' but have nothing in common with the Scheduled Caste Thandan. The anthropological enquiry conducted by the Kerala Institute for Research, Training and Development Studies (KIRTADS) also found that, among the Ezhava community in erstwhile North Cochin and South Malabar, the caste headmen were called “Thandans”. The “Thandans” title were bestowed to Ezhava aristocrats by the Rajas and local rulers. A Thandan title holder is expected to mediate the disputes and settle disputes of his own caste men, and that of the castes below. 7. It is also stated that, a Commission appointed with Dr. Babu Vijayanath as Chairman to study on the socioeconomic conditions of Scheduled Castes and Scheduled **W.P.(C) No.8306 of 2018** 7 Tribes, constituted under the Commission of Inquiry Act, 1952 also highlighted in his report the fact that, in Malabar area, the headmen of Ezhava-Thiyya castes were having the title 'Thandan' and there was no caste called Thandan with the traditional occupation of tree climbing in the area. Dr. Babu Vijayanath Commission has reported that, while the caste of Thandans are coconut tree climbers, the title holders of 'Thandan' are really Ezhavas or Thiyyas and their traditional occupation is toddy tapping. The Thandan community is not available in the erstwhile Malabar area, and only Thiyyas holding Thandan as title, is available, and it was recommended to amend the Act to that extent. 8. Thereafter, an amendment was made to the Presidential order in terms of the Constitution (Scheduled Caste) Order (Amendment) Act, 2007, which received the assent of the President on 29.08.2007. Consequent to the introduction of the amendment, the following changes were made in Part VIII Kerala for Entry 61 as follows: _“61. Thandan (excluding Ezhavas and Thiyyas who are known as Thandan, in the erstwhile Cochin and Malabar areas and carpenters who are known as Thachan, in the erstwhile Cochin and Travancore State)”._ **W.P.(C) No.8306 of 2018** 8 Therefore, according to the respondents, it is clear that, after the said amendment on 29.08.2007, Ezhavas and Thiyyas who are also known as Thandan in the erstwhile Cochin and Malabar area are no longer Scheduled Caste in the State of Kerala. It is also submitted that, the claim of the petitioner that, 'petitioner is original Thandan' has no relevance after the amendment of the Constitutional Order. 9. It is further submitted, in the judgment in _**'Madhavan P. and Others v. State of Kerala and Others**_ ' [2010 (2) KHC 739], a Division Bench of this Court has held that: _“we are of the opinion that they are called Thandans and they were holding the title as Thandans. They belong to Thandan Community in Palghat district which is essentially equal to Ezhava Community. It is different from Thandans in Travancore area. In view of the Palghat Jilla Thandan Samudaya Samrakshana Samiti's case [1994 KHC 42], they are entitled to the benefits of Scheduled Castes till 2007, till the Schedule is amended. We make it clear that thereafter they cannot claim the benefit of Scheduled Caste as Thandans and as even though they are titled holders of 'Thandans', they essentially belong to Ezhava/Thiyya (OBC). But all persons known as Thandans are entitled to Scheduled Caste status in view of the inclusion of 'Thandan' in the Caste status schedule till the above was amended in 2007. So any benefit obtained by them before the amendment of the Schedule cannot be taken away but after the amendment of the schedule, they are not entitled to claim any benefits as Scheduled Castes”._ 9 **W.P.(C) No.8306 of 2018** 10. Therefore, according to the respondents, it was based on the amendment carried out to the Scheduled Castes Order, as per Act, 2007 referred to _supra_ , the issue was considered by the 1[st] respondent and Ext.P19 community certificate is issued. It is also submitted that, taking into account all the above said legal and factual circumstances, and on the basis of the study conducted by KIRTADS, as well as Dr. Babu Vijayanath Commission, the caste status of the petitioner was taken into account and Ext.P34 order is passed. Therefore, the prime submission made by the respondents is, petitioner has not made out any case justifying interference of this Court under Article 226 of the Constitution of India, there being no arbitrariness or illegality. It is also pointed out that, none of the Government Orders or the reports drawn are under challenge before this Court. 11. I have heard learned counsel for the petitioner and the learned Special Government Pleader. Perused the documents on record and the pleadings put forth by the respective parties. 12. Learned counsel for the petitioner as well as the learned Special Government Pleader have addressed their **W.P.(C) No.8306 of 2018** 10 arguments in accordance with the pleadings put forth and discussed above. Learned Special Government Pleader has made available a report of the Anthropological Enquiry regarding the claim for Scheduled Caste status of the Thandans of Malabar and North Cochin, published in the year 1988. I have gone through the relevant portions of the report and finds that the study was conducted by the Deputy Director, and Research Officer of KIRTADS, taking into account various extracts of Government Orders, documents and other relevant inputs and reliable published literature to arrive at a conclusion that there is no Thandan community in the Malabar as well as North Cochin area enjoying the status of Scheduled Caste. It was also found that, the status 'Thandan' in such areas were enjoyed by headmen of Ezhavas/Thiyyas in accordance with the title/honour conferred by the then Maharajas ruling the respective States. Therefore, the study report shows that there is no Thandan community to enjoy the benefits of Scheduled Caste community, in the afore-specified areas. 13. It is also found that, in the Malabar and North Cochin areas there were no Thandans, and it is also evident **W.P.(C) No.8306 of 2018** 11 from the report that the Thandans who are entitled to get the benefit of Scheduled Caste are tree climbers. It is also pointed out by learned Special Government Pleader that, even though petitioner has produced certain documents in order to show that the parents and grandparents of the petitioner were belonging to Thandan community, those are not documents relevant to the context, since those documents were issued without taking into account the notification issued consequent to the study made and the amendments made to the Order during the year 2007. 14. Even though it is mentioned in the certificates produced by the petitioner that the petitioner's father and other family members were belonging to Thandan (other than Thiyya and Ezhava), such certificates are not reliable or can be treated as a conclusive proof in order to arrive at a just and fair decision. So also, in Exts.P31 and P32, a reference is made to a letter issued by the Director of the Anthropological Studies that the certificate is issued on the basis of the study conducted by KIRTADS, from the said document, however, it is not at all evident, about the details of the study report submitted by KIRTADS. Learned Special Government Pleader 12 **W.P.(C) No.8306 of 2018** also submitted that, there is no such study report by KIRTADS and the study report of the KIRTADS is the one submitted during the year 1988. 15. Learned counsel for the petitioner submitted that, petitioner is not intending to canvass or challenge the amendments made to the Scheduled Caste Order during 2007, however the claim of the petitioner is that, petitioner is belonging to Thandan community, entitled to enjoy the benefit of Scheduled Caste, and therefore, Exts.P19 and P34 certificate and order respectively issued by respondents 1 and 5 cannot be sustained under law. 16. I have evaluated the rival contentions advanced across the Bar, and I am of the considered opinion that, the claim raised by the petitioner to enjoy the benefit of 'Thandan', a Scheduled Caste community, is not supported by any reliable evidence or documents, enabling this Court to exercise the discretionary power conferred under Article 226 of the Constitution of India. Even though petitioner has raised a contention that the study report of KIRTADS is without taking into account any of the relevant inputs required for the purpose of identifying the community of the petitioner, there is 13 **W.P.(C) No.8306 of 2018** no established piece of evidence to hold so. 17. It is also submitted that, the authenticity of the documents relied upon by KIRTADS is also doubted. However, the said contention may not have any legal sustenance for the reason that the study report of KIRTADS specifically done for the identification of Thandan community in Malabar and North Cochin areas, is not under challenge before this Court. Moreover, the report is the outcome of a specified study made by the officers in the Anthropological field, and therefore, unless and until substantive documents and other historical literature are produced before this Court to controvert the findings contained in the report, it is not legal or proper on the part of this Court to entertain such a contention, exercising the power under Article 226 of the Constitution of India. As I have pointed out earlier, there is no reliable proof before this Court to have a conclusive finding that the study report of KIRTADS is in any way bad, and quash Exts.P19 and P34. 18. While considering a question like this, what is relevant, material and important is, members of Scheduled Castes and Scheduled Tribes community are allowed to enjoy special status in order to ensure that the weaker sections and 14 **W.P.(C) No.8306 of 2018** the under-privileged of the larger community are not put to any difficulties while competing with the upper class community of the society. But a citizen is entitled to enjoy such special status, when he/she is genuinely and convincingly belonging to the community, entitled to enjoy, such status and rights provided thereto, in exclusion to the general prescriptions provided to the other citizen. Which thus also means, such benefits provided to Scheduled Castes and Scheduled Tribes cannot be allowed to be misused for the purpose of securing benefits that are available to the members of such communities and to their disadvantage. 19. Taking into account all these aspects and evaluating the _pros and cons_ and facts and figures projected before this Court, I have no hesitation to hold that petitioner has not made out any case justifying interference of this Court under Article 226 of the Constitution of India, to Exts.P19 and P34. However, I make it clear, if the petitioner is able to produce any convincing proof with respect to the issue, at a later point of time, Ext.P19 certificate and Ext.P34 order should not stand in the way of taking any independent decision in accordance with law. 15 **W.P.(C) No.8306 of 2018** Resultantly, writ petition fails, accordingly it is dismissed. Sd/- **SHAJI P. CHALY JUDGE** St/14.06.2018