JUDGMENT : These writ petitions are filed challenging the communications issued by the jurisdictional Tahsildar rejecting the request for community certificate in respect of the petitioners. It is submitted that the requests for community certificate are rejected on the ground that they have to be obtained from Tamil Nadu, where the petitioners family originally migrated from. 2. Heard the learned counsel for the petitioners and the learned Government Pleader. 3. The learned counsel for the petitioners submits that the petitioners' parents had migrated to Kerala even before the petitioners' birth and that the petitioners were born and brought up in Kerala. It is submitted that they had produced the community certificate issued from their Diocese concerned and also all records to show that they were born in Kerala and were permanently residing here. However, relying on a Government Order dated 8.3.2019, the Tahsildars concerned have rejected the request for community certificate stating that they have no jurisdiction and that the petitioners have to obtain community certificates from the authorities in Tamil Nadu, where their family originally migrated from. The learned counsel for the petitioners submits that the petitioners being persons belonging to Other Backward Classes, who had migrated from Tamil Nadu to Kerala after the issuance of the Presidential Order, the Government order itself provides for consideration of their claims for community certificate. It is stated that since the community, Latin Catholic, to which the petitioners belonging is an Other Backward Class community both in Tamil Nadu and in Kerala, the respondents are duty bound to issue community certificate to the petitioners so as to enable them to avail the benefits in Kerala as well. 4. The learned Government Pleader submits that the issue stands covered by the Government Order. It is stated that since the petitioners' parents were originally belonged to Tamil Nadu the issue of community certificate can be considered only by the competent authority at the place where the petitioners' parents were originally resided in Tamil Nadu. Reliance is also placed on a Full Bench decision of the Bombay High Court in Rajendra Shivram Thakur v. State of Maharashtra [2019 (4) KLT SN 20]. 5. I have considered the contentions advanced. Reliance is also placed on a Full Bench decision of the Bombay High Court in Rajendra Shivram Thakur v. State of Maharashtra [2019 (4) KLT SN 20]. 5. I have considered the contentions advanced. The relevant directions in the Government Order referred to and which is relied on by the learned Government Pleader read as follows :- “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 Backward Class candidate in question is included in the list of Other Backward Classes pertaining to the State to which the person has migrated. In order to prevent the person from misusing such certificate, it should be specified in the certificate that the certificate is issued to enable the person to derive benefits/concessions available to him in the State of Origin and the Union Government and not from the migrated State.” 6. A reading of this clause of the Government Order would make it perfectly clear that in case of a person whose family has migrated after the Presidential Order, the certificate is to be issued by the competent authority in the migrated State on the basis of a certificate issued to the father of the candidate concerned by the competent authority in the State of origin. In case there is no dispute as to the genuity of the father's certificate, the competent authority in the migrated State is enabled to issue the certificate, taking note of the community to which the candidate belongs. The further provision can only mean that in case the candidate's community is not included in Other Backward Classes in the migrated State, it should be specifically stated in the certificate that the certificate is issued to avail benefits in the State of origin or the Union Government. The further provision can only mean that in case the candidate's community is not included in Other Backward Classes in the migrated State, it should be specifically stated in the certificate that the certificate is issued to avail benefits in the State of origin or the Union Government. However, in a case where the community is included in Other Backward Classes in both the State of origin as well as in the State of migration, it is obvious that a certificate can be issued by the competent authority in the migrated State for availing the benefits in the migrated State as well. The decision of the Full Bench of the Bombay High Court is issued under totally different provisions contained in the Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2003 and in view of the specific provisions contained in the Government Order, the same has no application in the instant case. ``` 7. In the above view of the matter, I am of the opinion that since the petitioners were admittedly born and brought up in Kerala and since the Other Backward Class to which they belong is included in the list of Other Backward Classes both in the State of origin as well as in the migrated State, the competent authority with regard to the place of birth and residence of the petitioners would have the jurisdiction to consider the issuance of community certificate to the petitioners. The impugned orders are therefore set aside. There will be a direction to the competent authority to consider the applications preferred by the petitioners for issuance of community certificate, taking note of the documents produced by the petitioners. Orders shall be passed within a period of one month from the date of receipt of a copy of this judgment. 8. These writ petitions are ordered accordingly.