IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 11945 of 2007(V)
1. AKHIL.T.K., AGED 18 YRS.,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE COMMISSIOENER FOR ENTRANCE
3. THE TAHSILDAR, TALUK OFFICE,
4. THE VILLAGE OFFICER, VALLIKUNNU
5. GOPALAKRISHNAN, VALLIKUNNU VILLAGE,
For Petitioner :SRI.P.SANJAY
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :26/05/2010
O R D E R
S.SIRI JAGAN, J.
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W.P.(C).No. 11945 of 2007
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Dated this the 26th day of May, 2010
J U D G M E N T
After passing Plus Two examination the petitioner appeared for
the Common Entrance Examination for the year 2007. He claims to be
a member of Kanakkan community, which is accepted as a scheduled
caste community in the State of Kerala. The petitioner wanted to claim
reservation benefit as a member of a Scheduled Caste. But when the
petitioner approached for community certificate, initially it was
granted, but the petitioner alleges that the same was scored off and
returned to the petitioner. As a result, the petitioner could not claim
reservation benefit for admission pursuant to the entrance examination
written by him. It is under the above circumstances, the petitioner has
filed this writ petition seeking the following reliefs:
“1. issue Writ of Certiorari and call for the records leading to
the cancellation of the Community Certificate issued to
petitioner.
2. issue a Writ of Mandamus directing the 3rd and 4th
respondents to issue Community certificate to petitioner in
the form prescribed in Ext.P12.
3. direct the 2nd respondent to consider the petitioner as a
SC/ST candidate in the Entrance Examination and grant
the benefits due to the members of such community.”
2. From the records of the case, I find that this Court has
passed an interim order at the time of admission of the writ petition to
w.p.c.11945/07 2
the effect that the 2nd respondent shall provisionally consider the
petitioner as a candidate belonging to Scheduled Caste community for
the purpose of Common Entrance Examination. This Court had also
directed publication of the results of the petitioner in the Entrance
Examination. It is submitted that pursuant to the same, the petitioner
got admission to engineering course and is now pursuing his studies
for the course.
3. Counter affidavits have been filed by the 2nd respondent as
well as respondents 3 and 4 refuting the claim of the petitioner that he
belongs to a scheduled caste.
4. In view of the provisions of the Kerala (Scheduled Castes &
Scheduled Tribes Regulation of Issue of Community Certificate) Act,
1996 (Act 11 of 1996) the claims of persons as belonging to the
SC/ST communities have to be verified in accordance with the
procedure prescribed under that Act. It does not appear that such a
procedure had been undertaken by the respondents in the petitioner’s
case. Therefore, I am of opinion that presently status quo should be
continued pending completion of proceedings under the Act for
deciding the caste status of the petitioner. Accordingly, this writ
petition is disposed of with the following directions:
The petitioner shall be allowed to pursue his studies in
accordance with the admission he has already secured in the Common
w.p.c.11945/07 3
Entrance Examination in the year 2007. It would be open to the
respondents to conduct appropriate proceedings under the above said
Act for determining the community status of the petitioner and to take
further action pursuant to the said determination in accordance with
law.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge