Benefit Of Order Adding New Caste To OBC List Cannot Have Retrospective Application: Kerala High Court
The Kerala High Court observed that the benefit of order adding new caste to the OBC list cannot have retrospective application as the same is not a declaration of a right or status, but it is the creation of a new right.
The Court was hearing an Original Petition after the Kerala Administrative Tribunal allowed the application filed by the Respondent against the Kerala Public Service Commission.
The bench of Justice Anil K. Narendran and Justice P.G. Ajithkumar observed, “…The Pattariya community was newly added in the list of OBCs. The benefit of that order cannot have retrospective application for, the same is not a declaration of a right or status, but it is creation of a new right.”
Advocate P.C. Sasidharan appeared for the Appellant and Advocate Varun C. Vijay appeared for the Respondent.
Brief Facts-
Respondent No. 1 was ranked 14th for the post of Attender Grade II in the Homoeopathy Department and claimed OBC reservation but the Kerala Public Service Commission denied the benefit due to discrepancies in his caste certificate. Though the Padmasaliya caste was added to the OBC list on May 28, 2020, the ranked list was approved on April 28, 2020. Respondent No. 1 challenged his omission as an OBC candidate before the Kerala Administrative Tribunal, which ruled in his favour but at the same time preserved the appointment of Respondent No. 2. Hence, the Kerala Public Service Commission filed the present petition under Article 227 of the Constitution.
The Court mentioned the Supreme Court decision in James Mathew [(2017) 15 SCC 595] where according to the Court the SC held that once the National Commission issued a certificate regarding the status of a minority education institution, it declared the existing status and had retrospective effect.
Accordingly, the Court said that the order of the Tribunal did not require interference and dismissed the Petition.
Cause Title: Kerala Public Service Commission v. Dineesh K.M. (Neutral Citation: 2024:KER:67974)
Appearance:
Appellant: Adv. PC Sasidharan
Respondent: Adv. Varun C. Vijay, Adv. Divya Chandran and Adv. Sr. GP Vineetha B.