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2025 Supreme(Online)(Ker) 68004
IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ
KERALA PUBLIC SERVICE COMMISSION – Appellant
Versus
RAKHI K – Respondent
OP(KAT) NO. 526 OF 2024
For the Appellants/Petitioners: P.C. Sasidharan
For the Respondents: P. Nandakumar, Vivek Vijayakumar, Merin K Jimmy
Conversion from one religion to another does not grant entitlement to caste-based benefits under reservation policy if not accompanied by genuine adherence to the new religion.
Headnote:The Kerala High Court analyzed the order of the Kerala Administrative Tribunal regarding the inclusion of a candidate in a ranked list based on community benefit. It reviewed the relevant provisions of the KS & SSR and the applicants' claims, finding that the Tribunal's decision failed to consider key legal precedents on conversion from Christianity to Hinduism and its implications for caste status. Ultimately, the Court concluded that the applicant could not claim reservation benefits and set aside the Tribunal's order.
| Table of Content |
|---|
| 1. petition was filed challenging the order of a tribunal regarding community classification. (Para 1 , 2) |
| 2. arguments presented by both sides regarding the applicant's caste status. (Para 3 , 4 , 5) |
| 3. court's observations on the legitimacy of the applicant's claimed conversion and its implications for reservation. (Para 6 , 7 , 8 , 9) |
| 4. conclusion of the court on the necessity of proper consideration of community benefits. (Para 10) |
JUDGMENT
Muralee Krishna, J.
The respondents 1 and 2 in O.A.No.319 of 2023 on the file of the Kerala Administrative Tribunal, Thiruvananthapuram, (the ‘Tribunal’ in short) filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, challenging the order dated 30.07.2024 passed by the Tribunal in that original application.
2. The 1st respondent is a candidate who secured 43rd rank in Annexure A3 ranked list published by the Kerala Public Service Commission (‘KPSC’ in short) for the post of Clerk Typist/Typist Clerk in various departments in Ernakulam District, in the selection process conducted by the KPSC, pursuant to Annexure A1 notification dated 27.07.2019. According to the 1st respondent, she belongs to Hindu Nadar Community. Despite the production of all relevant materials, including Annexure A4 notification published in Kerala Gazette Volume V on 16.02.2016 and Annexure A6 non-creamy layer certificate dated 05.08.2022 issued by the Village Officer concerned, she is included in the ranked list without granting the community benefit. Hence, the 1st respondent approached the Tribunal with the original application filed under Section 19 of the Administrative Tribunals Act , 1985, seeking the following reliefs:
“(i) declare that the applicant is entitled to be included in Annexure A3 ranked list as Hindu Nadar candidate.
(ii) direct the respondents to include the applicant in Annexure A3 ranked list as Hindu Nadar and advice her against the first turn of Hindu Nadar community.”
2.1. Before the Tribunal, the KPSC filed a reply statement dated 15.11.2023 opposing the relief claimed by the 1st respondent. To that reply statement, the 1st respondent filed a rejoinder dated 10.06.2024, producing therewith Annexures A10 to A14 documents.
2.2. After hearing both sides and on appreciation of materials on record, the Tribunal, by the Ext.P4 impugned order dated 30.07.2024, allowed the original application. Being aggrieved, the petitioners/respondents 1 and 2 are now before this Court with this original petition.
3. Heard the learned Standing Counsel for KPSC for the petitioners and the learned counsel for the 1st respondent.
4. The learned Standing Counsel for the KPSC submitted that the claim raised by the 1st respondent is based on Annexure A4 gazette notification dated 16.02.2016. By Annexure A4, it is notified that the 1st respondent embraced Hinduism from the Christian Nadar community as per Suddhi certificate No.26545/015 dated 08.12.2015 issued from Aryasamaj, Thiruvananthapuram, with the same name, and therefore she will be a member of the Hindu Nadar community. In the Secondary School Leaving Certificate of the 1st respondent, her caste is shown as Christian Nadar. The learned Standing Counsel invited our attention to the Kerala State and Subordinate Service Rules , 1958 (‘KS & SSR’, in short), Part I, wherein the Hindu Nadar is included in serial No.49 and Nadar included in S.I.U.C. is included in serial No.49A of list III other backward classes in the Kerala State. The learned Standing Counsel further invited our attention to Annexure to Rule 15 of Part II of KS & SSR, wherein Nadar included in S.I.U.C. is serial No.38 and Hindu Nadar is in serial No.60 of the list for direct recruitment to the post other than those included in the Kerala Last Grade Service. Therefore, according to the learned Standing Counsel, there is a huge difference as far as the granting of reservation is concerned for the Christian Nadar and Hi
