IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

THURSDAY, THE 13^TH DAY OF MARCH 2025 / 22ND PHALGUNA, 1946 WP(C) NO. 31129 OF 2018 PETITIONER:

SUBHAMOL B AGED 25 YEARS D/O BALU, ARUGUVILAYIL HOUSE, KALLANODE P.O, KOORACHUNDU, KOZHIKODE BY ADV S.SACHITHANANDA PAI RESPONDENTS:

1 THE TAHASILDHAR KOYILANDI TALUK OFFICE, KOYILANDI, KOZHIKODE 673620

2 THE VILLAGE OFFICER, VILLAGE OFFICE, KOORACHUNDU, KALLANADODE P.O, KOZHIKODE 673 620.

OTHER PRESENT:

SMT.SURYA BINOY, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

MOHAMMED NIAS C.P., J. ======================== W.P(C) No. 31129 of 2018 =========================

Dated this the 13^th day of March, 2025

J U D G M E N T

The petitioner is a BSc Nursing graduate who belongs to the Hindu Nadar community. The said community is included in other backward classes (OBC) and is entitled to a reservation for higher education and government appointments. The petitioner relies on Ext.P1 community certificate issued by the village officer, Ext.P2, the Secondary School leaving certificate and Ext.P3 the Secondary School leaving certificate of her brother. It is the case of the petitioner that the petitioner’s father was born in Nagercoil in Tamil Nadu and migrated to Kerala 30 years back. The School certificate issued to the petitioner’s father is produced as Ext.P4 which described him as Hindu Nadar. The petitioner challenges Ext.P5, which rejects her request for Non Creamy layer certificate to prove that she belongs to OBC.

2. This Court had passed an interim order on 11.12.2024 as follows;

“ There will be a direction to the respondents to file a statement, as to why the petitioner was not granted a non creamy layer certificate though the caste of the petitioner has been shown as Hindu Nadar in Ext.P1 community certificate, Ext.P2 Secondary School leaving certificate and also in Ext.P3 the certificate issued to the brother of the petitioner. Ext.P4 transfer certificate issued to the father of the petitioner also shows the community as Hindu Nadar.

2. The statement shall also state as to why despite the above certificates, the petitioner has not been treated as OBC in the State of Kerala. The statement shall be filed within a month from today. ”

3. Based on the above, the statement has been filed by the learned Government Pleader, wherein it is stated that though the writ petitioner and her mother are natives of Kerala, her father is a native of Tamil Nadu who belongs to the Hindu Nadar community of Tamil Nadu State. However, reliance is placed on the Government Oder dated 08.03.2019, which reads as follows;

“ Further, if a man leaves his originating state and moves to some other state before issue of the Presidential Order 1950 and settles there permanently by acquiring property whether movable or immovable, that state shall be regarded his / her children's ordinary place of residence (ie, permanent abode) for the purpose of issue of the certificates to him. He/his children will be entitled to obtain a certificate from the competent authority of the later state provided the community to which he belonged to in his originating state has been recognized and scheduled in the list of OBC's in the migrated state. He will not be eligible to obtain a certificate from his originating state to this effect. A person belonging to Other Backward Classes, who have migrated from one State to another for the purpose of employment, education etc, after the issue of Presidential Order, he will be required to obtain a certificate from the competent authority of the migrated state on the basis of a genuine certificate issued to his father by the prescribed authority of the state of his father's origin except where the prescribed authority feels that a detailed enquiry is necessary through the State of origin before issuing the certificate. The certificate shall be issued irrespective of whether the Other B