Arya Padman vs Commissioner Of Entrance … on 9 July, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 18815 of 2009(V)


1. ARYA PADMAN, AGED 18 YEARS,
                      ...  Petitioner
2. THE VIGILANCE OFFICER,
3. STATE OF KERALA,

                        Vs


1. COMMISSIONER OF ENTRANCE EXAMINATIONS
                       ...       Respondent

                For Petitioner  :SRI.SOORAJ T.ELENJICKAL

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :09/07/2009

 O R D E R
                       V.GIRI, J.
         ----------------------------------------
               W.P.(C).No.18815 of 2009
         ----------------------------------------
          Dated this the 9th day of July, 2009.


                      JUDGMENT

The petitioner’s father belongs to Kudumbi

community, which is treated as an OBC and her

mother belongs to Kurava community, which is a

scheduled caste. The petitioner applied for

admission to the professional course, 2009 and in

her application to the Entrance Commissioner, she

sought reservation as a member of the Scheduled

caste-Kuruva Community. The issue was referred to

the KIRTADS and the anthropological studies

conducted, as evidenced by Ext.P1, shows that the

petitioner had been brought up in the milieu and the

status of her father. Essentially, therefore, the

recommendation is that she must be treated as

Hindu Kudumbi, which is an OBC. The petitioner is

aggrieved that she is considered as a Scheduled

Caste and hence the writ petition praying for

appropriate reliefs.

W.P.(C).No.18815 of 2009

:: 2 ::

2. Learned Special Government Pleader

submits that the petitioner is brought up in the

circumstances of her father, and even Ext.P2, which

according to the learned Government Pleader, is

only a recommendation and the petitioner continued

to assert the status of a Scheduled Caste before the

screening committee as well. It is, therefore, that a

reference has been made to the School records, in

which the petitioner’s community is shown as

Kurava-Scheduled caste. Hence the petitioner was

decided to be treated as a Scheduled Caste.

3. It is true that the petitioner had

originally claimed the status of a Scheduled Caste.

There is no dispute that her mother belongs to

Kurava Community, which is a Scheduled Caste.

There is also no dispute that her father belongs to

Kudumbi community, which is treated as an OBC.

Generally, the offspring must be assigned the caste

of its father, if the parents belong to different castes.

W.P.(C).No.18815 of 2009

:: 3 ::

In the present case, Ext.P2 shows that the

petitioner’s claim was gone into by the competent

authority and it was found that the petitioner was

brought up in the milieu and status of her father’s

community. There are no materials to take a

different view. The respondent shall treat the

petitioner as belonging to Hindu Kudumbi, which is

treated as an OBC and shall be assigned appropriate

rank in the revised rank list, which shall be prepared

in accordance with law.

Writ petition is disposed of as above.

Sd/-

(V.GIRI)
JUDGE
sk/
//true copy//

P.S. to Judge