Kerala Public Service Commission Not Empowered To Conduct Enquiry To Determine Applicant's Caste Status: High Court

The Division Bench of Justice A.Muhamed Mustaque and Justice P.M. Manoj stated that an affected authority like the issuing authority is capable of effectively assessing and addressing potential fraud or misrepresentation regarding applicant's caste status, rather than the KPSC.

“While KPSC does have the authority to cancel a recommendation based on misrepresentation and fraud, it cannot unilaterally determine that the certificate was fraudulently obtained from another agency or authority. As a constitutional agency entrusted with recruitment and selection, KPSC has no power under the Constitution or any law to conduct an enquiry into an applicant's caste status. If KPSC suspects that an applicant obtained a caste certificate through fraud or misrepresentation, it must refer the matter to the issuing authority, which alone is responsible for investigating caste status and any potential fraud or misrepresentation. This means KPSC cannot independently nullify an individual's caste status.”

Background Facts

The petitioner was born to Hindu Nadar Parents and was raised as a Hindu Nadar which is a backward community entitled to reservation.

The petitioner applied to various posts notified by the Kerala PSC for Hindu Nadars. He applied for the post of Jail Warder in the Jail Department and was advised to the post. Subsequently, he applied to the post of Fireman (Trainee), and upon receiving the appointment, he resigned from the Jail Warder post and joined the post of Fireman (Trainee).

The petitioner's appointment was cancelled by the Kerala PSC stating that he committed fraud regarding his caste status. KPSC also ordered the registration of a criminal case against the petitioner and debarred him from applying for future posts. This order was confirmed by the Tribunal which is under challenge now.

The petitioner contended that he never converted to Christianity, he only married a Christian lady and a blessing ceremony took place in the Church. It was stated that his SSLC and other certificates also show that he belongs to Hindu Nadar. It was argued that KPSC cannot investigate allegations of fraud by conducting an enquiry, as such an enquiry can only be conducted by an authority for issuing caste certificate.

KPSC alleged that the petitioner, a Hindu Nadar converted to Christianity and later reconverted to the Hindu community. They claimed he obtained his appointment in the Hindu Nadar community quota by concealing his actual caste status, noting that he converted to Christianity after applying for the Jail Warder position. It was argued that even if the petitioner got reconverted to the Hindu community, it cannot be assumed that he belongs to a specific caste as there is no conversion from caste to caste but only from religion to religion.

Observations

The Court observed that religion is an organized system founded on belief or worship, while caste is a social construct.

Relying upon Apex Court decisions, the Court stated that when a person from a backward or reserved community converts to another religion and later reconverts to his religion, he has to prove that he been accepted as a member of his original caste by its members on reconversion.

The Court said, “On reconversion, such a person automatically is not entitled to claim caste status and there must be evidence to prove that he has been accepted by the original community and he is treated as a member of the original caste.”

In the facts of the case, the Court held that there must be an enquiry on three aspects, firstly, whether the petitioner converted from Hindu Nadar to Christianity. Secondly, whether he got reconverted to the Hindu Community and if so, whether the Hindu Nadar community have accepted him.

The Court stated that an enquiry regarding alleged fraud on caste status must be conducted by an authority issuing a caste certificate.

In the facts of the case, the Court noted that the KPSC and Tribunal determined the petitioner's caste status, whereas such an enquiry must have been conducted by a competent authority.

Court stated, “ we conclude that KPSC is not empowered to determine an applicant's caste status. Instead of referring the matter to the revenue authority or relevant agency, KPSC took it upon itself to make a decision regarding the petitioner's caste.”

As such, the Court set aside the order of KPSC cancelling the advice and appointment of the petitioner. The Court also clarified that the KPSC can authorize any other competent authority to carry enquiry into petitioner's caste status.

Counsel for Petitioners: Senior Advocate N Nandakumara Menon, Advocates P K Manojkumar, Smitha S.Pillai, Alice Thomas, M.C.Siny

Counsel for Respondents: Advocates D Kishore, R Muraleekrishnan (Malakkara)

Case Number: OP(KAT) NO. 241 OF 2019

Case Title: Anu S P v State of Kerala

Citation: 2024 LiveLaw (Ker) 691