IMPORTANT POINT
KPSC lacks authority to independently determine caste status and must refer such matters to the issuing authority for proper enquiry.

JUDGMENT :

A.Muhamed Mustaque, J.

The petitioner, Mr.Anu, was born to Hindu Nadar parents. He was raised and brought up as a Hindu Nadar. Hindu Nadar is a backward community and the members of the community are entitled for reservation.

2. The Kerala Public Service Commission (KPSC) invited applications in the year 2011 to the NCA vacancy for Hindu Nadar candidates for the post of Jail Warder in the Jail Department. Anu applied and got a selection as per the advice memo of KPSC on 25/02/2015. He had also applied for the post of Fireman (Trainee) through KPSC as per the notification issued in the year 2012 and he got selected and was advised, as per advice memo dated 15/07/2015. This selection was again in the community category of Hindu Nadar. Anu resigned from the post of Male Warder and joined as a Fireman (Trainee) with effect from 03/01/2016.

3. On 13/01/2017, Anu received a show cause notice from KPSC stating that a fraud has been committed by him on KPSC as to his caste status. It is also stated therein that Anu was converted to Christianity, and thereafter, reconverted to the Hindu Community through the Arya Samaj. It is further stated in the show cause notice that, suppressing the caste status in the actual application, Anu got the selection to the community quota and, therefore, it has to be cancelled. Anu gave a reply to the show cause notice and, thereafter, filed O.A.No.185/2017 before the Kerala Administrative Tribunal. The Tribunal disposed of the original application on 07/08/2017 directing KPSC to pass final orders after affording an opportunity of hearing to Anu. Thereafter, KPSC passed a final order and ordered cancellation of advice. This order was issued on 29/01/2018. KPSC found that after the last date of application, Anu converted his religion from Hindu Nadar to Christianity and obtained an appointment by committing fraud. The last date for receipt of the application to the post of Male Warder in the NCA vacancy was 14/12/2011. It is the case of KPSC that Anu converted to Christianity after the submission of the application to the post of Jail Warder in the Jail Department and reconverted to Hindu Nadar as per the Gazette Notification on 30/08/2014. KPSC thus ordered cancellation of the advice memo and also ordered registration of a criminal case against him. KPSC also noted that in terms of general conditions, Anu is debarred from applying for all future posts and, therefore, his subsequent appointment as a Fireman (Trainee) is vitiated. This was questioned by Anu before the Tribunal. The Tribunal noted that Anu married a Christian lady in a Church on 13/11/2013. Therefore, the Tribunal assumed that Anu embraced Christian religion. Tribunal also noted that Anu had embraced Hinduism through the Arya Samaj and caused issuance of Gazette notification on 30/08/2014. Tribunal found that the Suddhi Certificate issued by the Arya Samaj reveals that he had converted to Christian Nadar community during the selection process of Male Warder. Therefore, holding that Anu committed fraud, the Tribunal affirmed the order of KPSC.

4. Assailing the order of the Tribunal, the learned Senior Counsel appearing for the petitioner, Shri Nandakumara Menon argued that KPSC failed to take into account the explanation offered by Anu as to the circumstances under which the Gazette notification happened to be issued. The learned Counsel reiterated that Anu was never converted to Christianity. According to the learned Counsel, Anu married a Christian woman and a blessing ceremony was held in the Church. It is submitted that he approached the Village Officer, Kanjiramkulam, for a Caste Certificate and the Village Officer insisted for a Suddhi Certificate and a Gazette notification for the issuance of the Caste Certificate. The learned Counsel further submitted that there is no dispute to the fact that Anu was born and raised as a Hindu Nadar and, his SSLC and other certificates would establish that he belonged to Hindu Nadar. The learne