IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.M.MANOJ WEDNESDAY, THE 29^TH DAY OF JANUARY 2025 / 9TH MAGHA, 1946 WP(C) NO. 27801 OF 2015 PETITIONER:

ATHIRA V.RAJ, AGED 30 YEARS D/O JIJO GEORGE, RESIDING AT VAYAL PUTHENPURAYIL, KADATHY, MEKKADAMBU PO, MUVATTUPUZHA, ERNAKULAM-

682 316 BY ADV SRI.P.NANDAKUMAR RESPONDENTS:

1 THE TAHASILDAR, TALUK OFFICE, MUVATTUPUZHA, ERNAKULAM DIST.PIN-686 662

2 KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY PATTOM,THIRUVANANTHAPURAM-695 014 BY ADVS. GOVERNMENT PLEADER SRI.P.C.SASIDHARAN, SC, KPSC OTHER PRESENT:

R1- SMT.LATHA.T.THANKAPPAN, SPECIAL GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 29 ^th day of January, 2025 The writ petition is preferred being aggrieved by the issuance of Ext.P4 whereby the petitioner is certified as Hindu- Paravan converted to Christianity. It is the case of the petitioner that she is a graduate in Bio-Medical Engineering and included in the Ranked list for the post of Demonstrator in Bio-Medical Engineering in Technical Education Department. As per the Secondary School Leaving Certificate her religion and caste is shown as Hindu -Paravan and the petitioner has produced caste certificate before the Public Service Commission as Hindu -

Paravan for the purpose of employment.

2. In the meanwhile, the petitioner married to one Jijo George on 12.04.2013 after converting to Christianity. Thereafter, she approached the 1^st respondent for getting caste certificate. The 1^st respondent issued caste certificate showing that she belongs to Hindu -Paravan converted to Christianity and classified her under OBC category. The petitioner further attempted to obtain caste certificate, which was rejected stating that as she converted to Christianity and again reconverted to Hinduism, she lost her status. This is the background in which this writ petition is filed.

3. The learned counsel for the petitioner brought my attention to the Division Bench Judgment of this Court in Anu S. P. v. State of Kerala [2024 KHC Online 7089] wherein similar situation has been considered by this Court.

4. A statement has been filed on behalf of the 1^st respondent wherein it is stated that though the petitioner was born in Hindu -Paravan community, she married to one Jijo George, who belongs to Christian Jacobite community. The marriage was conducted in the Christian Jacobite Mudavoor Church and she bear the Christian wedlock Tahali and chain and the marriage was as per the custom and ceremony of Jacobite Christians. Even her baby was named as Michael. On local enquiry, it reveals that she lives as per the custom of Christian Jacobite and she obtained a certificate showing that she belongs to Hindu -Paravan converted to Christian and categorized as OBC on 27.05.2014.

5. Thereafter she claims that she reconverted into Hindu Dharma and became Hindu -Paravan and she obtained a Suddhi certificate from Arya Samaj on 25.09.2014 to show that she reconverted to Hinduism and sought the benefit of Scheduled Caste. It is further stated that she is not eligible for Hindu-Paravan reservation as per the report of Velloorekkunnam Village Officer and as per the information received to the Tahsildar. Therefore, the request of the petitioner to issue caste certificate showing that she belongs to Hindu -Paravan has been rejected.

5. The 2^nd respondent, the Public Service Commission has also preferred a counter affidavit, wherein it is stated that the petitioner claimed as Hindu-Paravan in her application. Her SSLC book also shows that she belongs to Hindu -Paravan. Thereafter, on 28.10.2013 she has produced a self attested copy of the community certificate bearing No.B/14906/13/GW dated 24.10.2013 issued by the Tahsildar Kottayam, certifying that she belongs to Hindu – Paravan Community of Scheduled Caste. On verification of the certificate, she was given the benefit of SC