Research › Browse › Judgment

Kerala High Court · body

1997 DIGILAW 413 (KER)

Sreenivasan v. Kerala Public Service Commission

1997-10-27

B.N.PATNAIK, K.G.BALAKRISHNAN

body1997
Judgment :- K.G. Balakrishnan, J. In all these cases a common question of law is involved. Therefore, we dispose them of by a common judgment. We heard all the counsel who appeared for the petitioners/ appellants, counsel for the respondents and Government Pleader. W. A.No. 795 of 1995 is filed by the Kerala Public Service Commission (for short 'PSC') against an interim order passed in C.M.P. No. 15545/95 in O.P. No. 10455/94. 2. The petitioners in these three Original Petitions contend that though their caste name is described as 'Ezhava' they shall be treated as 'Exhavas' coming under category-I of Other Backward Classes specified under R.17(1) of Part II of the Kerala State & Subordinate Services Rules, 1958. In these cases, the petitioners have participated for selection conducted by the PSC and their names were included in the rank list prepared by the PSC. The PSC treated these petitions as 'Ezhuvan' coming under Item 24 of List 3 of Other Backward Classes in the Kerala State given in the schedule appended to K.S.& S.S.R. Other Backward Classes have been declared by the State Government under Art.16(4) of the Constitution of India. In the List HI in the Schedule to R.14 of Part II of the K.S.& S.S.R. the communities of Ezhavas and Thiyyas are included in SI. No. 16. The community of Izhuvan (Illuvan or Ezhuvan) is enlisted as SI. No. 24 in the said list. These lists are included in the General Conditions of the Notification inviting applications and the communal reservations are allowed to the communities grouped in the Other Backward Classes as per SI. No. 8 to R.17(1) of Part II of the K.S.& S.S.R. The communities grouped as "Other Backward Classes" are entitled to 6 turns, viz., 10,30,40,50,70 and 90 for posts included in the Kerala Last Grade Service and 3 turns ie.,10,40 & 90 for the posts other than those included in the Kerala Last Grade Service as communal reservation turns when 100 vacancies are filled up. The petitioners in all these Original Petitions produced caste certificates to the effect that they belonged to "Ezhavan". As already stated Izhuvan (Illuvan or Ezhuvan) is grouped in the caste coming in the Other Backward Classes as per SI. No. 8 to R.17(1) of Part-II of the K.S.& S.S.R. 3. The petitioners in all these Original Petitions produced caste certificates to the effect that they belonged to "Ezhavan". As already stated Izhuvan (Illuvan or Ezhuvan) is grouped in the caste coming in the Other Backward Classes as per SI. No. 8 to R.17(1) of Part-II of the K.S.& S.S.R. 3. The main contention urged by these petitioners is that "Ezhuvan" or "Ezhuva" is same as "Ezhava" and that the person who obtained community certificate showing his caste name as "Ezhava" shall be treated as "Ezhava" for the purpose of reservation. In support of this contention, a reference has been made to various Census Reports, Kumara Pillai Commission Report and other relevant decisions rendered by this Court. 4. annexure- Al produced inW.A. No. 795/95 is a list of socially and educationally backward communities issued on 2.5.1966 by the Government. In the list, the first entry is Ezhavas including Ezhavas, Thiyyas, Ishuvan, Izhuvan, Illuvan and Billava. This according to the petitioners is an indication to show that Ishuvan. Izhuvan and Illuvan were also treated as Ezhavas. 5. The petitioner in O.P. No. 10455/94 produced a series of census reports. In annexure- A2 which is a census report of 1901, various caste names have been given. "Illuvan" has been shown as one of the castes and the total number of persons is 184502. It would appear that the "Illuvan" mentioned in annexure- A2 report of 1901 refers to members of Ezhavan caste. So also in the census report of 1911 in Cochin State, "Illuvan" is mentioned. It is further stated that: "They are called also as Chogans in Cochin and correspond to Thiyyas of British Malabar and Shanans of the Tamil Districts. They are believed to have immigrated from Ceylon and introduced the cultivation of the coconut palm. Coconut growing and toddy drawings are still their heredity occupation, but as they are nunerically the strongest caste in Cochin, a great many of them have taken to other occupation, chiefly agriculture." 6. In 1921 census report of Travancore, it is stated that the Izhavas come next with a population of 667,935 and show an increase of 22.3 per cent over thelast census figure. The increase is about twice the average for the Hindus. The Izhavas are a sturdy class and female education and restriction of marriage do not obtain as much among them as in Nairs. The increase is about twice the average for the Hindus. The Izhavas are a sturdy class and female education and restriction of marriage do not obtain as much among them as in Nairs. It is important to note that Ezhava, Illuva or Ezhuva are not separately mentioned in the census report of 1921. The petitioners also produced a glossary of recognised castes- wherein Ezhavan is mentioned. But no reference has been made to Illuvan, Ezhuvan or Ezhava. annexures- A8 & A9 are the Government Orders issued by the Chief Secretary of Travancore-Cochin State. In annexure- A8, all the communities included in the Backward Classes are mentioned. A list of Backward Classes prepared for the purpose of Art.16(4) of the Constitution is also given in annexure- A8. The caste name 'Ezhava' is mentioned. But Illuvan, Ezhuva or Ezhavan are not mentioned. 7. From the various documents produced by the petitioners, it can reasonably be assumed that the caste names Ezhava, Illuva, Illuvan etc., may be synonyms or equivalent names for the caste name "Ezhava". This fact has been recognised by the Government and annexure- R1 Government Order dated 20.12.96 was issued. In that order it is stated that: Government have examined all aspects of the matter in detail and are pleased to clarify that the Ezhava (g DWOi) community of Kerala has the following synonyms and equivalent names or local popular names, and that, those Ezhavas who had used or are using their caste names as in serial Numbers 1 to 8 thereof in Public records, are Ezhavas and shall be entitled to caste certificates and all other benefits thereunder as admissible to members of Ezhava community as included in the list of Other Backward Communities (OBC) for reservation in public services: Members of Exhava community who have declared their caste names in any manner as in serial No.1 to above shall be entitled to O.B.C. certificate, and the sub-rotation benefit for job reservation in Public Services, as Ezhavas (From the above circumstances, it is clear that the policy of the Government is to treat all categories of castes, which could be treated as synonyms or equivalent names for the caste name "Ezhava" shall be treated in one category and that the persons bearing such caste names shall be given the sub-rotation benefit or job reservation in public services as Ezhavas (g>woj(8). 8. 8. Now, we shall consider the three Original Petitions and one Writ Appeal. O.P. No. 10455/94 & W.A. No. 795/95:- W.A. No. 795/95 is filed against the interim order passed in C.M.P. 15545/95 in O.P. 10455/94. Petitioner M. Unnikrishnan appeared for selection to the post of Village Assistant. The Public Service Commission published Ext. P1 rank list and the petitioner secured rank No. 12. According to the petitioner he is a member of the Ezhava community. In the rank list petitioner's community is shown as OBC. According to the respondent - PSC true petitioner produced a certificate to show that he belongs to the community "Ezhuva". In Ext. P5 representation submitted by the petitioner it is stated that in his SSLC book his caste name is mentioned as "Exhuvan". The PSC treated him as one coming under the category of Other Backward Classes included as item No. 24 in the list of Backward Classes. All the candidates up to rank No. 10 were advised from the rank list. Admittedly, rank No. 11, who is an OBC candidate, was not advised. The contention of the petitioner is that he should have been treated as 'Ezhava' and sub-rotation benefit should have been given to him. The Public Service Commission has acted perfectly in accordance with rules. In view of the existing rules, a candidate who has produced certificate to show his community as "Ezhuvan" could only be treated as under item 24 described as Izhuvan (Illuvan or Ezhuvan) coming under List-3 of Other Backward Classes in Kerala State. There is no case for the petitioner that he had produced a certificate to show that he belongs to "Ezhava" community. Petitioner has no case that his OBC claim was rejected. Therefore, the petitioner is not entitled to get appointment as if he is a member of Ezhava community. In the result, we allow the writ appeal and dispose of the Original Petition. 9. O.P. No. 5399 of 1990P: - Here the petitioner appeared for selection to the post of Drivers in the Excise Department. He produced Ext. P6 community certificate wherein his caste name is described as 'Ezhuva'. Ext. P5 is the extract of Page 3 of SSLC Book. Therein also his caste name is shown as 'Ezhuva'. In the rank list prepared by the PSC petitioner's name was indicated as SI. No. 5 and he was shown as O.B.C.. He produced Ext. P6 community certificate wherein his caste name is described as 'Ezhuva'. Ext. P5 is the extract of Page 3 of SSLC Book. Therein also his caste name is shown as 'Ezhuva'. In the rank list prepared by the PSC petitioner's name was indicated as SI. No. 5 and he was shown as O.B.C.. Three persons were advised from the rank list published by the PSC. One Rajendran, who secured Rank No. 1, was given appointment first. The second appointment was given to one Sasikumar, who secured Rank Mo. 7. He was treated as Ezhava and the third place was given to one Unnikrishnan, who secured rank No. 2. It was an open competition. The contention of the petitioner is that he should not have been treated as OBC but as Ezhava candidate coming within item No.1 of R.17(1) of Part-II KS & SSR. Going by the existing rules it is not permissible to grant such reliefs. Petitioner, who produced a certificate showing his community as 'Ezhava' could only be treated as item No. 24 "Izhuvan" (Illuvan or Ezhuvan) of List-Ill of Other Backward Classes in the Kerala State. Counsel for the petitioner contended that 'Ezhuva' should have been treated as 'Ezhava' by the PSC. As the PSC has acted in accordance with the rules, we cannot say that they have committed illegality or irregularity. If the above contention of the petitioner is accepted, a candidate who produces certificate showing his community as Ezhava may clay in benefit as Ezhava "Thiyyas" or "Billavas" and also as "Ezhuvan" "Illuvan" or "Ezhuvan". Such a double benefit cannot be extended to a candidate. The petitioner is not entitled to get appointment and the relief sought for in the O.P. to that extent is rejected. 10. O.P. No. 6584 of 1990:- Petitioner appeared for selection to the post of High School Assistant. He produced Ext. P1 wherein his caste name is shown as 'Ezhuvan'. According to the petitioner he is to be treated as 'Ezhava'. The PSC has issued advice memo for appointment treating his as coming under the category of Other Backward Classes. Going by the Rules, the PSC has acted legally and we do not think that the petitioner is entitled to get any preferential claim by treating him as Ezhava. Therefore, that prayer is rejected. 11. The PSC has issued advice memo for appointment treating his as coming under the category of Other Backward Classes. Going by the Rules, the PSC has acted legally and we do not think that the petitioner is entitled to get any preferential claim by treating him as Ezhava. Therefore, that prayer is rejected. 11. In all the above original petitions petitioners have contended that 'Ezhuva' community is only a synonym of the caste name 'Ezhava'. The Government by Annexure R1 order dated 20.12.1996 accepted this position. However* the Kerala State & Subordinate Services Rules, 1958 remain unchanged. If the policy declared by the Government in Annexure R1 order dated 20.12.96 is to be given effect to, item No. 24 Izhuvan (Illuvan or Ezhuvan) is to be deleted from list-Ill of Other Backward Classes in the Kerala State and it should be further classified that the persons who produced certificate showing their caste names as Izhuvan (Illuvan or Ezhuvan) shall be treated as persons belonging to item No. 1, namely, Ezhavas, Thiyyas and Billavas mentioned in R.17(1) of Part-II K.S.& S.S.R. The rule making authority shall endeavour to amend list-III of Other Backward Classes in the Kerala State mentioned in Part-I Schedule of the K.S.& S.S.R. at the earliest as to avoid uncertainty in the matter of appointment in public services. With the above observation, these original petitions and writ appeal are disposed of. Office will send a copy of the judgment to the Chief Secretary for necessary action.