Libertatem Magazine

Kerala HC Directs Authority Concerned to Issue Community Certificate in “Prescribed Format”

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On 11.05.2021, the Kerala High had heard the plea of a 28-year-old seeking the post of Food Security Officer, praying to direct the Respondent to issue a Community Certificate in the prescribed format immediately.

Petitioner’s Submission

The Petitioner, who got shortlisted for the post of Food Security Officer was asked by the Public Service Commission to submit the original documents before 16.03.2021. One of the documents required was the Community Certificate for SC/ST candidates. It was submitted that the Petitioner had enjoyed the benefit of reservation throughout her studies as her mother belonged to the Hindu Sambava Community which was a scheduled caste community in Kerala and her father belonged to the Hindu Adi Karnataka community, which was also a Scheduled Caste community. Additionally, the Petitioner’s SSLC certificate showed her caste as Adi Karnataka. 

The Petitioner had applied for a Community Certificate before the Respondent (Tahsildar) on 12.03.2021. However, it was not issued by the concerned authority. As a result, the Petitioner had filed an appeal in the court which directed the Respondent to issue a community certificate to the Petitioner regarding the community of the Petitioner’s mother, who belonged to the Hindu Sambava community of Kerala. However, it was not issued in the prescribed format. The grievance of the Petitioner was that, unless the community Certificate was issued in the prescribed format she would not be able to use it for her future requirements.

Petitioner’s Prayers

The Petitioner had prayed via the means of a Writ Petition(Civil) to direct the Respondents to issue a community certificate as prescribed immediately. Further, it was prayed to direct the respondent to issue the necessary certificate, certifying that the petitioner belonged to Hindu Sambava to facilitate the correction of her caste status shown in the SSLC book.

Court’s Observation

The Single-judge bench of Kerala High Court had observed that this Court had already declared that the Petitioner belonged to the Sambava community. The Court had also directed the issuance of a community certificate showing her caste status as Hindu Sambava community. Further, there was no dispute in the fact that the Petitioner belonged to the SC community as both her parents belonged to the Scheduled Caste Community. As a result, the court observed that there should be no objection in the issuance of the Community Certificate. 

Court’s Judgement

The Kerala High Court had disposed of the Writ Petition by directing the Respondent to issue a community certificate in the prescribed format and the necessary certificate showing her caste status as Sambava community, thereby enabling her to get the caste status shown in her SSLC book corrected. 

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