The petitioner is an aspirant for appointment as Diet Senior Lecturer Educational Technology pursuant to notification issued by the Kerala Public Service Commission. The petitioner claims that she belongs to Christian Malai-Araya Community which is a scheduled Tribe Community. The petitioner relies on Exts.P2 to P4 certificates issued by the Tahsildar certifying that the petitioner belongs to Christian Malai-Araya Tribe. Since Ext.P4 dated 28.3.2014 was the last certificate issued to the petitioner, for the purpose of interview, the petitioner approached the Tahsildar for issuing a fresh caste certificate. The Tahsildar refused to issue the certificate. Interview is scheduled on 7.11.2014. The petitioner has approached this Court challenging the action of the Tahsildar.
2. The learned Government Pleader submits that the petitioner's father belongs to Christian CSI and mother belongs to Christian Malai-Araya Community. It is further submitted that the petitioner follows the community of Christian CSI and she is not entitled for community certificate that belong to Christian Malai-
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Araya Community. It is further submitted that community certificate has been declined to the petitioner's brother by the KIRTHADS after conducting due enquiry in the year 2009. Therefore the petitioner is not entitled for any community certificate.
3. The petitioner has obtained Exts.P2 to P4 certificates on earlier occasions. This shows that an enquiry has been conducted by the Tahsildar to find out the community to which the petitioner belongs. Though an enquiry might have conducted by an appropriate authority, the petitioner has no occasion to contradict any finding relating to the enquiry might have been conducted by the KIRTHADS in an application for caste certificate submitted by the petitioner's brother.
4. In such circumstances, I am of the view that it is open for the appropriate authority to initiate action to determine caste status of the petitioner, subject to the result of such enquiry and also to any challenge to be made by the petitioner against any adverse finding, a provisional caste certificate shall be issued to the petitioner to appear for the interview by the Kerala Public Service Commission. This is taking note of the fact that the petitioner has been issued Exts.P2 to P4 for this year as well as previous year.
Therefore, the Tahsildar shall issue provisional caste
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certificate showing the petitioner belongs to Christian Malai-Araya Tribe as shown in Exts.P2 to P4. This shall be done within a period of three days from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
vpv
Sd/-
A.MUHAMED MUSTAQUE JUDGE