Aswanth R.V. v. Kerala Public Service Commission, Kerala Water Authority and Village Officer, Kuruvattoor

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943** ## **WP(C).No.34735 OF 2019(N)** ## **PETITIONER:** **ASWANTH R.V., AGED 27 YEARS S/O. GANGADHARAN, RAMACHAMVEETTIL, PAYYAMBRA P.O, KUNNAMANGALAM , KOZHIKODE 673 571 NOW RESIDING AT PADINHARETHATTATH HOUSE, PAYYAMBRA P.O, KUNNAMANGALAM, KOZHIKODE 673 571.** **BY ADV. SRI.AYYAPPADAS V** ## **RESPONDENTS:** - **1 KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY , THULASI HILLS, PATTOM PALACE P.O, TRIVANDRUM 695 004.** - **2 KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM, TRIVANDRUM 695 033.** - **3 THE VILLAGE OFFICER, KURUVATTOOR VILLAGE, KURUVATTOOR P.O, CALICUT - 673 571.** **SRI.P.C.SASIDHARAN SRI.P.BENJAMIN PAUL, SC SRI.SUNIL KUMAR KURIAKOSE -GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C).No.34735 OF 2019(N) 2 ## **JUDGMENT** ## **Dated this the 24th day of March 2021** The petitioner claims to be a member of the “Hindu Chakkala” community and seeks a direction to the first respondent – Public Service Commission, to consider him as such and to grant him an advice to the post of Surveyor Grade II, in the services of the Kerala Water Authority (KWA), from the rank list prepared by them pursuant to a notification dated 30.12.2016. 2. The petitioner says that in his online profile, he had shown his caste to be 'Vaniya' because his mother belongs to the said caste; but that when the PSC directed him to produce a “Non Creamy Layer Certificate”, the competent Tahsildar and Village Officer issued him the same, showing his caste to be “Hindu Chakkala”, being his father's caste. He submits that, however, when he approached the PSC with the said Certificates, his inclusion in the rank list was withheld and he has been denied an advice, even though he is fully qualified to the said benefit. The petitioner says that the stand of the PSC is improper since, as is evident from Ext.P7, he has been granted a Creamy Layer Certificate showing him as “Hindu WP(C).No.34735 OF 2019(N) 3 Chakkala” and that when objections were raised against him by the PSC earlier, he had altered his profile on 20.12.2017, making the requisite correction to show his correct caste. The petitioner, therefore, prays that the PSC be directed to advise him to the available vacancy of Surveyor Grade II in the services of the KWA forthwith. 3. In response to the submissions of the petitioner as argued by his learned counsel Sri.V.Ayyappadas, the learned standing counsel for the PSC - Sri.P.C.Sasidharan, submitted that, going by Part II of the General Condition Nos.14 and 16, it is the information contained in the profile of the candidate at the time when the application is made which is relevant and that a subsequent alteration in the profile or application cannot be considered. He submitted that the last date for application in this case was 01.02.2017 and a probable list of candidates was published on 05.07.2019, leading to the rank list to be published on 03.10.2019. He submitted that, in the meanwhile, the petitioner was directed to produce his Non Creamy Layer Certificate and he produced the same showing his caste to be “Hindu Chakkala”, though his profile carried his caste name as being 'Vaniya'. He added that the profile of the petitioner was thereafter altered by him only on WP(C).No.34735 OF 2019(N) 4 20.12.2017, which is nearly ten months after the last date for application expired and therefore, that the PSC had no other option but to withhold his candidature. He thus prayed that this writ petition be dismissed. 4. The learned Senior Government Pleader - Sri.Sunil Kumar Kuriakose, submitted that even though the Village Officer, Kuruvattoor has issued Ext.P7 series of certificates to the petitioner, showing him to be 'Hindu Chakkala', this was not done based on any verification but on the strength of the petitioner's father's certificate which had been produced before the said Authority, wherein, he has been shown as a 'Hindu Chakkala'. 5. The learned Government Pleader then submitted that, however, Ext.P5 appears to have been issued by the Tahsilar, Kozhikode, in favour of the petitioner's father because he had made corrections to his educational records, namely Ext.P2, through a notification published by him in the official Gazette, a copy of which is on record as Ext.P4. The learned Government Pleader further submitted that the corrections so made by the petitioner's father appears to have been accepted without enquiry by the Village Officer, while Exts.P7 and P7(2) were issued; and that even though his educational Certificate WP(C).No.34735 OF 2019(N) 5 did not originally carry any caste certificate, Ext.P5 Community Certificate was issued by the Tahsildar, Kozhikode, in his favour, again without any proper enquiry. The learned Government Pleader submitted that, therefore, if this Court is so inclined, the competent Authorities are willing to make an enquiry as to how the Certificates had been issued in favour of the petitioner's father as also to the petitioner. He, therefore, prayed that this writ petition be dismissed. 6. When I evaluate the afore submissions, it is not necessary for this Court to enter into any inquiry regarding the caste status of the petitioner, as far as this case is concerned, because what is important is the information given by the petitioner in his profile at the time when his application was made or until such time as the last date for application expired. The relevant date for this purpose is 01.02.2017, which is conceded to be the last date of application; on which date, the petitioner's profile admittedly showed his caste name to be 'Vaniya'. It is only subsequently, on 20.12.2017, when he was directed to produce his Caste Certificate, that he changed his profile as being “Hindu Chakkala” and it is clear that this was done more than ten months after the last date of application had expired. WP(C).No.34735 OF 2019(N) 6 7. Obviously, therefore, the stand of the PSC as voiced by their learned counsel – Sri.P.C.Sasidharan, that as per General Condition Nos.14 and 16, a claim made subsequent to the alteration of the profile cannot be countenanced for the purpose of the ongoing process appears to be on firm terrain, particularly when the rank list had been subsequently published on 03.10.2019. I am fortified in this view of mind by the various judgments of this Court including in **Ramya Ravindran P. v. Kerala Public Service Commission** [OP(KAT)No.132/2019)] and **Shameera I. v. Kerala Public Service Commission** [2016 (5) KHC 897]. 8. However, the learned counsel for the petitioner, Sri.Ayyappadas, tried to make a distinction between the caste of his client shown in the educational records and that in his Non Creamy Layer Certificate by saying that it has been well settled by a judgment of this Court in **Rajan v. State of Kerala** [2007 (1) KLT 730] that the caste recorded in the educational certificate is not a conclusive proof of the status of an individual and that what is relevant are the certificates to be produced by him through the competent Authorities like the Tahsildar and Village Officer. 9. The afore submission of Sri.Ayyappadas, I am afraid, WP(C).No.34735 OF 2019(N) 7 would not offer any succor to his client in this case because, as I have already said above, what is important for the adjudication of the issues herein is not whether the petitioner belongs to a particular caste or otherwise, but what was declared by him since, admittedly, in the profile he was shown to be belonging to the caste “Vaniya”; and this information continued at least until the last date of submission of application, on 01.02.2017. The fact that he altered his profile on 20.12.2017 to show himself as “Hindu Chakkala” would obtain to him no benefit at all, going by the imperative stipulations of General Condition Nos.14 and 16, applicable to the PSC. In the afore circumstances, I cannot find any reason to find favour with the petitioner and I, therefore, dismiss this writ petition; however, clarifying that the observations herein will not stand in the way of him applying subsequently under the caste name “Hindu Chakkala”, if he is so eligible. ## **Sd/- DEVAN RAMACHANDRAN** Stu **JUDGE** WP(C).No.34735 OF 2019(N) 8 ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGE OF S.S.L.C BOOK OF THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF S.S.L.C BOOK OF THE PETITIONER'S FATHER EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF S.S.L.C BOOK OF THE PETITIONER'S MOTHER. EXHIBIT P4 TRUE COPY OF THE KERALA GOVERNMENT GAZETTE NOTIFICATION WHICH PROVES THE CASTE OF PETITIONER'S FATHER, DATED 6/2/2016. EXHIBIT P5 TRUE COPY OF THE COMMUNITY CERTIFICATE ISUED BY TAHSILDAR, WHICH PROVES THE CASTE OF PETITIONER'S FATHER, DATED 18/6/2015. EXHIBIT P6 TRUE COPY OF THE RANK LIST PUBLISHED ON 2/5/2018 FOR THE POST OF SURVEYOR GRADE II IN SURVEY AND LAND RECORDS (VIDE NO. 345/18 ROQ-CAT.NO. 415/15) IN WHICH THE APPLICANT HAS CONSIDERED AS OBC BY K.P.S.C AND INCLUDED UNDER HINDU CHAKKALA OBC (SL. NO. 643). EXHIBIT P7 TRUE COPY OF THE NON CREAMY LAYER CERTIFICATES ISSUED BY THE VILLAGE OFFICER, KARUVATTUR, TO THE PETITIONER DATED 20/12/2017 AND 16/03/2019. EXHIBIT P8 TRUE COPY OF THE RANK LIST PUBLISHED ON 3/10/2019 FOR THE POST OF SURVEY GRADE II IN KERALA WATER AUTHORITY (VIDE NO. 516/2019/ER IVB-CAT.NO. 446/2016) IN WHICH THE K.P.S.C HAS OMITTED TO INCLUDE PETITIONER'S NAME IN OBC CATEGORY. EXHIBIT P9 TRUE COPY OF THE REPLY LETTER FROM SECRETARY OF K.P.S.C DATED 10/10/2019 REGARDING THE PETITIONER'S COMPLAINT. EXHIBIT P10 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE DEPUTY SECRETARY OF K.P.S.C BY THE PETITIONER DATED 13/10/2019. EXHIBIT P11 TRUE COPY OF THE REPLY LETTER FROM SECRETARY OF K.P.S.C REGARDING THE PETITIONER'S COMPLAINT DATED 6/11/2019** WP(C).No.34735 OF 2019(N) 9 - **EXHIBIT P12 TRUE COPY OF THE REPRESENTATION GIVEN TO THE CHAIRMAN OF P.S.C BY THE PETITIONER DATED 18/11/2019.** - **EXHIBIT P13 TRUE COPY OF THE CERTIFICATE ISSUED BY THE K.P.S.C AFTER THE APPLICANT'S VERIFICATION WHICH CAN BE USED AS AN IDENTIFICATION DOCUMENT FOR ALL PURPOSES RELATED TO P.S.C , DATED 20/12/2017.** - **EXHIBIT P14 TRUE COPY OF THE ACKNOWLEDGMENT CARD AND POSTAL RECEIPT OF THE REPRESENTATION THAT SUBMITTED BEFORE DEPUTY SECRETARY OF K.P.S.C DATED 16/10/2019 AND 14/10/2019.** - **EXHIBIT P15 TRUE COPY OF THE POSTAL RECEIPT OF THE REPRESENTATION THAT SUBMITTED BEFORE CHAIRMAN OF KERALA P.S.C DATED 18/11/2019.** **EXHIBIT P16 TRUE COPY OF G.O.(MS)NO.77/98/SCSTDD DATED 10/08/1998.**