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2008 Supreme(Ker) 230

A.K.BASHEER
C. B. Reshma – Appellant
Versus
Kerala Public Service Commission, Rep. by its Secretary, Thiruvananthapuram – Respondent


Advocates Appeared:For the Petitioner:R. Rajesh Kormath, Advocate, P.K. Suresh Kumar, (Amicus Curiae), P.B. Suresh Kumar, (Amicus Curiae). For the Respondents:R1 & R2, P.C. Sasidharan, Advocate, R3, A.J. Varghese, Govt. Pleader. For the Amicus Curiae: P.B. Suresh Kumar, (Kollam), P.K. Suresh Kumar.

Judgment :

What are the essential requisites or qualifications to be treated as a native of Kerala? Will the child of native parents of Kerala State become disentitled to be recognized as a native of Kerala, if he/she had been born, brought up and educated outside Kerala?

2. These are the two primary questions that have cropped up for consideration in this writ petition.

3. Relevant facts, shorn of unnecessary details, may be briefly noticed.

4. Petitioner who is a Post Graduate in Computer Application had submitted Ext.P2 application for selection to the post of Higher Secondary School Teacher in Computer Science/Computer Application, in response to Ext.P1 notification issued by the Kerala Public Service Commission. Petitioner passed the written test conducted by the Commission and she was included in the supplementary list under the Head “Ezhava”. The Village Officer, Poolakode had issued Ext.P6 community certificate certifying that petitioner belonged to Hindu Thiyya community. In response to Ext.P7 communication received from the commission, petitioner had produced Ext.P8 certificate issued by the Village Officer, Poolakode certifying that the Hindu Thiyya community, to which th






























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