Kerala High Court
M.B.Chinnu vs State Of Kerala on 22 November, 2011
Author: T.R.Ramachandran Nair
Bench: T.R.Ramachandran Nair
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
TUESDAY, THE 27TH DAY OF NOVEMBER 2012/6TH AGRAHAYANA 1934
WP(C).No. 28110 of 2012 (K)
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PETITIONER :
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M.B.CHINNU,
D/O. Y. MOLLY, HINDU, AGED 22,
RESIDING AT KAVUVILA VEEDU
THACHOTTUKAVU, MALAYINKIZH,
THIRUVANANTHAPURAM.
BY ADVS.SRI.M.RAMASWAMY PILLAI
SRI.P.M.JOSEPH
SMT.PREETHY R. NAIR
RESPONDENT(S):
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1. STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN-695001.
2. THE COMMISSIONER OF ENTRANCE EXAMINATIONS
HOUSING BOARD BUILDING, THAMPANOOR
THIRUVANANTHAPURAM-695 001.
3. THE VIGILANCE OFFICER
KERALA INSTITUTE FOR RESERACH TRANING AND
DEVELOPMENT STUDIES FOR SCHEDULED CASTE/
SCHEDULED TRIBE (KIRTADS) KOZHIKODE-673 017.
R1 TO R3 BY GOVT. PLEADER SRI. K.C. VINCENT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27-11-2012, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C).No. 28110 of 2012 (K)
APPENDIX
PETITIONERS' EXHIBITS :
EXT.P1 THE PHOTOCOPY OF THE SSLC CERTIFICATE OF GOVERNMENT OF
KERALA OF THE PETITIONER
EXT.P2 THE PHOTOCOPY OF THE CONVERSION CERTIFICATE ISSUED BY THE
ARYA SAMAJ AND GAZETTE NOTIFICATION DATED 22-11-2011.
EXT.P3 PHOTOCOPY OF THE COPY OF THE SSLC CERTIFICATE OF THE
PETITIONER'S MOTHER SMT. G. MOLLY BELONGS TO HINDU
CHERAMAR COMMUNITY, 1977-1980.
EXT.P4 TRUE COPY OF THE IDENTITY CARD AND FEE COLLECTION CARD IS.
EXT.P5 TRUE COPY OF THE SUDDHI CERTIFICATE DATED 24-9-2011 OF THE
PETITIONER'S FATHER.
EXT.P5(a) TRUE COPY OF THE SUDDHI CERTIFICATE DATED 24-9-2011 OF THE
PETITIONER
EXT.P6 TRUE COPY OF GAZETTE NOTIFICATION DATED 25-10-2011
EXT.P6(a) TRUE COPY OF GAZETTE NOTIFICATION DATED 25-10-2011
EXT.P7 CERTIFICATE FROM THE TRAVANCORE DEVASWOM BOARD ON
2-11-2012.
EXT.P8 TRUE COPY OF CASTE CERTIFICATE DATED 8-2-2005.
EXT.P9 TRUE COPY OF COMMUNITY CERTIFICATE DATED 17-7-2008.
EXT.P10 TRUE COPY OF CERTIFIED DATED 5-11-2012 ISSUED BY KERALA
PULAYAR MAHASABHA.
EXT.P11 THE PHOTOCOPY OF THE ADMIT CARD IN CONNECTION WITH THE
APPLICATION NO. 2212777 FOR THE EXAMINATION DATED 14-8-2011.
EXT.P12 TRUE COPY OF ADMIT CARD SHOWING DATE OF EXAMINATION
13-10-2012.
EXT.P13 TRUE COPY OF NOTICE DATED 16-8-2011 ISSUED BY THE 2ND
RESPONDENT.
EXT.P14 TRUE COPY OF THE (WITHOUT DOCUMENT) ANTHROPOLOGICAL
REPORT DATED 16-9-2011.
EXT.P15 TRUE COPY OF NOTICE DATED 31-10-2012 OF THE 2ND RESPONDENT.
EXT.P16 COPY OF PROCEEDINGS OF THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS : NIL
//TRUE COPY//
P.S. TO JUDGE
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T.R. RAMACHANDRAN NAIR, J.
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W.P.(C). No.28110/2012-K
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Dated this the 27th day of November, 2012
J U D G M E N T
The petitioner herein is aggrieved by Ext.P16 proceedings issued by the Commissioner for Entrance Examinations.
2. She was an applicant for admission to M.C.A Course, 2012 and she claimed that she belonged to Scheduled Caste community. The matter was scrutinised and, ultimately, based on the Screening Committee's proceedings, Ext.P16 order has been issued. Reference is made to the various aspects therein including a report of the KIRTADS. In the operative portion of Ext.P16, it is mentioned that as per Section 6 of the Kerala Scheduled Castes and Scheduled Tribes Regulation of Issue of Community Certificates Act, 1996 the Screening Committee decided to accept the report of the KIRTADS and to reject the SC claim of the petitioner.
3. Learned Government Pleader submitted that the remedy of the petitioner is to challenge the Scrutiny Committee's proceedings before the Government, namely, before the Secretary to Government, Scheduled Castes & Scheduled Tribes Development Board.
4. In the light of the above, the petitioner can challenge Ext.P16 in an appeal and if an appeal is filed along with a certified copy of this W.P.(C). No.28110/2012 -:2:- Judgment, the hearing of the appeal will be expedited and a decision will taken within a period of two months. The writ petition is disposed of as above. No costs.
Sd/-
(T.R. Ramachandran Nair, Judge.) ms