NIDHIN M C S/O M CHANIAPPA Vs. STATE OF KERALA
LAWS(KER)-2017-2-258
HIGH COURT OF KERALA
Decided on February 22,2017

Nidhin M C S/O M Chaniappa Appellant
VERSUS
STATE OF KERALA Respondents

JUDGEMENT

P.V.Asha, J. - (1.) The petitioner belongs to Marati community which has been included in the list of Scheduled Tribes by the presidential order dated 19.09.2013 as per Ext.P5 gazette notification. The Kerala Public Service Commission ('PSC' for short) invited applications for appointment to the post of Assistant Engineer (Electrical) in the Kerala State Electricity Board and Travancore Titanium Products Ltd. pursuant to which the petitioner submitted on-line applications Exts.P3 and P4 respectively.
(2.) 'Marati' (of Hosdurg and Kasargod Taluk of Kasargod district) community was included in the list of Scheduled Tribes in Kerala as entry no.28 in part VII of the Schedule to the Constitution (Scheduled Tribes) Order, 1950, as per the Constitution ((Scheduled Tribes) Order Amendment Act, 2013, which received Presidential assent on 18.9.2013 and published by Ext.P5 notification in gazette of India dated 19.9.2013. Consequential amendment in the list of Scheduled Tribes in the Schedule to the Part I of Kerala State and Subordinate Service Rules, 1958 (KS&SSR) was issued only as per Ext.P6 notification in Kerala gazette extraordinary dated 29.4.2014 including 'Marati' (of Hosdurg and Kasargod Taluk of Kasargod district) as item no. 23A , as per KSSR (2nd Amendment) Rules 2014, issued in G.O.(P) No. 11/2014/P&ARD dated 28.4.2014.
(3.) In the application there was a column to furnish the 'caste and reservation', against which, petitioner stated 'Marati' (of Hosdurg and Kasargod Taluk of Kasargod district) - General. It is pointed out that when the community was stated as Marati, the software of the PSC was not permitting to show it as Scheduled Tribe, apparently because it was not included in the list of communities coming under the Scheduled Tribe and provision to show it as ST was not available in the pre-loaded software of the PSC. Immediately after submitting the applications the petitioner filed this writ petition praying for the following reliefs: "i) Issue a writ in the nature of mandamus directing the 2 nd respondent to grant reservation to the petitioner as a member of scheduled tribe community from the date of Exhibit-P5 Gazette notification. ii) Declare that the petitioner is eligible for reservation, as a member of scheduled tribe community from the date of Exhibit-P5 Gazette notification. iii) Issue a writ in the nature of certiorari quashing ExhibitP7. iv) Grant such other order or direction as this Hon'ble Court may deem fit and necessary, in the facts and circumstance of the case.";


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