PSC lacks jurisdiction over caste determination inquiry of candidates: HC

KOCHI: The High Court clarified that Public Service Commission (PSC) has no authority to conduct an inquiry in case of suspicion of a candidate’s caste. The division bench comprising Justice A. Muhammad Mushtaq and Justice PM Manoj ordered that the revenue department be approached for clarification in this regard.

The court examined a petition filed by a Thiruvananthapuram resident SP Anu, questioning the PSC's decision to deny him appointment to the post of fireman reserved for the Nadar section after accusing him of converting religion. The petitioner was appointed as a Jail Warden in 2015. Later he passed the fireman exams. Following this, the PSC issued a show-cause notice alleging caste fraud.

The PSC alleged that after sending the application, the petitioner converted to Christianity and later returned to the Hindu Nadar sect. The PSC quashed the advice memo and barred the petitioner from applying for the job thereafter. The Administrative Tribunal upheld the PSC's order. The tribunal's order took into account the fact that the petitioner had married a Christian woman in 2013. The petitioner's declaration that he converted to Hinduism through Arya Samaj in 2014 was also taken into account.

The petitioner said his marriage took place in a church since she married a Christian woman and reiterated that he was not Christian. When applying for the certificate, it was the village officer who asked for the certificate and notification from the Arya Samaj. The petitioner argued that Hindu Nadar caste was written on the certificate including SSLC.

The PSC contended that since the notification itself was proof of conversion, there was no need for further investigation in this regard and downplayed any error in the decision. The court held that the revenue department, which issued the caste certificate, should investigate in this regard. PSC should report the matter to the revenue authorities. The proceedings of the PSC were cancelled. However, the court also stated that the order does not prevent the transfer of the matter to the concerned authority for determining the caste of the petitioner.