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Judgment
P.N. Ravindran, J.—The appellant is the petitioner in W.P.(C) No. 30896 of 2009. The writ petition was filed challenging Ext.P2 memo issued by the Kerala Public Service Commission (hereinafter referred to as ''the Commission'' for short) calling upon the appellant to produce a fresh caste certificate, failing which he was cautioned that his name will be removed from Ext.P1 ranked list. By the judgment under challenge, the learned single Judge dismissed the writ petition. Hence this writ appeal.
The appellant applied for appointment to the post of Police Constable, (SAP) in Thiruvananthapuram District pursuant to the notification dated 15.9.2007 issued by the Commission. After the written test and the physical efficiency test were held, the short listed candidates were directed to appear on various dates for verification of certificates. The appellant, who had applied as a candidate belonging to a scheduled caste community, was directed to appear for verification of certificates on 21.4.2009. On that day, he sought time to produce the caste certificate. Later, on 22.9.2009, he produced the original of Ext.P5 caste certificate to the effect that he belongs to the Cheramer Hindu Community, which is a scheduled caste in the State of Kerala. Though the appellant did not produce a recent caste certificate, the Commission provisionally accepted Ext.P5 and included his name in Ext.P1 ranked list which was published on 5.10.2009. Since Ext.P5 caste certificate was issued on 14.5.2005, the Commission issued Ext.P2 memo calling upon the appellant to produce a fresh caste certificate within 10 days, failing which he was cautioned that his name will be removed from the ranked list without further notice. The writ petition was filed contending that as the original of Ext.P5 caste certificate was produced, the Commission ought to have accepted and acted upon it. By the judgment under challenge, the learned single Judge dismissed the writ petition.
The appellant has produced along with I.A. No. 555 of 2010 a caste certificate dated 7.7.2010 issued by the Tahsildar, Nedumangad Taluk certifying that he belongs to the Cheramer Hindu Community, which is recognised as a scheduled caste in the State of Kerala. When the writ appeal came up for hearing on 20.7.2010, relying on the said caste certificate issued on 7.7.2010, the Learned Counsel for the appellant submitted that in view of the fresh caste certificate issued by the Tahsildar, Nedumangad Taluk, who is the competent authority, the objection to Ext.P5 community certificate looses significance and that the writ appeal may be disposed of with a direction to the respondents to accept the original of the caste certificate issued on 7.7.2010 and to regularise the inclusion of the name of the appellant in the ranked list. The writ appeal was accordingly adjourned by two weeks in order to enable the learned standing Counsel for the Commission to get instructions.
When the writ appeal came up for further hearing on 28.7.2010, the learned standing Counsel appearing for the Commission submitted that the appellant is rank No. 873 in Ext.P1 ranked list, that scheduled caste candidates up to rank No. 994 have been advised for appointment, that in view of the pendency of the instant writ petition and the writ appeal, one post of Police Constable has been kept vacant and that the Commission will consider the case of the appellant with reference to the caste certificate dated 7.7.2010 in the event of the appellant producing the original thereof before the Commission.
The pleadings disclose that the only objection taken by the Commission to Ext.P5 caste certificate is that it is one issued five years back. According to the Commission, the appellant should have produced a caste certificate of recent origin at the time of verification of documents and that having not been done, the name of the appellant was only provisionally included in the ranked list. The further contention of the Commission is that the since appellant did not produce a fresh caste certificate even after the ranked list was published, Ext.P2 memo was issued demanding production of a fresh caste certificate and cautioning the appellant of the consequences of failure to produce a fresh caste certificate. The Commission does not dispute the fact that the appellant belongs to a scheduled caste community. Ext.P5 certificate dated 14.5.2005 issued by the Tahsildar Nedumangad Taluk, discloses that the appellant belongs to Cheramer Hindu Community, which is recognised as a scheduled caste in the State of Kerala. The certificate dated 7.7.2010 issued by the Tahsildar Nedumangad which is produced along with I.A. No. 555 of 2010 is also to the same effect. In view of the fact that the Tahsildar who is the competent authority has issued the caste certificate dated 7.7.2010, we are of the opinion that the Commission should accept the same and act on it, on the appellant producing the original thereof. We accordingly dispose of the writ appeal with the following directions.
(i) The appellant shall within two weeks from today, produce the original of Annexure A1 caste certificate dated 7.7.2010 (No. B2-13028/10(b)) issued by the Tahsildar, Nedumangad before the Secretary of the Kerala Public Service Commission along with a certified copy of this judgment.
(ii) The Commission shall thereupon regularise the inclusion of the name of the appellant in the ranked list of candidates for the post of Police Constable in SAP, Thiruvananthapuram District published on 5.10.2009 and shall also advice him for appointment by giving him the benefit of first effective advice. The advice memo shall be issued within one month from the date on which the appellant produces a certified copy of this judgment along with the original of the above referred caste certificate.