Kerala High Court
Tibu Gregory Babu vs State Of Kerala Represented By The on 17 August, 2012
Author: S.Siri Jagan
Bench: S.Siri Jagan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN
FRIDAY, THE 17TH DAY OF AUGUST 2012/26TH SRAVANA 1934
WP(C).No. 20219 of 2007 (F)
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PETITIONER:
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TIBU GREGORY BABU, MINOR, 17 YEARS,
REPRESENTED BY HIS FATHER AND GUARDIAN
SRI.P.P.BABU, PERUMPALLIL PERAKATHU, ARAYANJILIMON
EDAKADATHY P.O., RANNY, NOW RESIDING AT
SREE HARI BHAVAN, MAMOODU, CHANDANATHOPPE
KOLLAM.
BY ADV. SRI.JOSE THOMAS (PALA)
RESPONDENTS:
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1. STATE OF KERALA REPRESENTED BY THE
SECRETARY, SC/ST DEVELOPMENT DEPARTMENT, SECRETARIAT
THIRUVANANTHAPURAM.
2. THE DIRECTOR, KIRTADS, VIGILANCE CELL,
KOZHIKODE.
3. THE COMMISSIONER FOR ENTRANCE
EXAMINATIONS, HOUSING BOARD BUILDINGS, SANTHI
NAGAR, THIRUVANANTHAPURAM.
BY SPECIAL GOVERNMENT PLEADER SMT.LALY VINCENT
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
17-08-2012, ALONG WITH WPC. 9582/2008, WPC. 15986/2011, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 20219 of 2007 (F)
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1 : COPY OF THE FIRST PAGE OF SSLC BOOK OF THE PETITIONER'S
FATHER.
EXT.P2: COPY OF THE CERTIFICATE DTD.26.6.2005
EXT.P3: COPY OF THE SSLC CERTIFICATE VIDE REGISTRATION NO.514429
OF MARCH 2005
EXT.P4: COPY OF THE CERTIFICATE DTD.4.10.2004
EXT.P5: COPY OF THE CERTIFICATE DTD.11.7.2005
EXT.P6: COPY OF THE COMMUNITY CERTIFICATE DTD.3.3.2007
EXT.P7: COPY OF THE COMMUNICATION DTD.2.4.2007
EXT.P8: COPY OF THE REPRESENTATION DTD.19.4.2007
EXT.P9: COPY OF THE COMMUNICATION DTD.26.5.2007
EXT.P10: COPY OF THE RESULT OBTAINED FROM THE WEBSITE
EXT.P11: COPY OF THE PAPER ADVERTISEMENT IN MALAYALA MANORAMA
DAILY DTD.9.2.2008
EXT.P12: COPY OF THE COMMUNITY CERTIFICATE DTD.22.2.2008
EXT.P13: COPY OF THE PAGE 14 OF THE PROSPECTUS FOR ADMISSION
TO KERALA PROFESSIONAL COURSES, 2008
EXT.P14: COPY OF THE NOTICE DTD.6.3.2008
EXT.P15: COPY OF THE REPORT DTD.29.4.2008
EXT.P16: COPY OF THE INTIMATION DTD.16.5.2008
EXT.P17: COPY OF THE PRINT OUT OF THE RESULTS PUBLISHED IN
INTERNET.
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
P.S TO JUDGE
ab
S. Siri Jagan, J.
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W.P(C) Nos. 20219/2007, 9582/2008
& 15986/2011
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Dated this, the 17th day of August, 2012.
J U D G M E N T
In these three writ petitions, the petitioners claim to belong to the Christian Mala Arayan community, which is recognized as a scheduled caste community in the State of Kerala. They aspired for admission to the professional courses in Kerala in 2007 and 2008 in the quota set apart for scheduled caste candidates, which was denied to them disputing the claim as Christian Mala Arayan.
2. Pending these writ petitions, the petitioners' claim for admission as scheduled caste was directed to be considered provisionally. Two of the petitioners got admission and the other did not. Now, the question as to their caste status has to be finally decided. The KIRTADS had conducted anthropological studies into the caste status of the petitioners and submitted reports in respect of the three candidates concluding that the petitioners do not belong to the Christian Mala Arayan community. That is under challenge in these writ petitions.
3. I have considered the rival contentions in detail.
4. Admittedly, under the Kerala Scheduled Castes and Scheduled Tribes Regulation of Issue of Community Certificates Act, the report of the KIRTADS has to be considered by a scrutiny committee, which has to take a final decision on the caste status of the petitioners and that procedure has not yet been completed admittedly. I am of opinion that that matter should first be considered by the scrutiny committee in W.P(C) Nos. 20219/2007, 9582/2008 & 15986/2011 -: 2 :- accordance with the provisions of the said Act. Accordingly, these writ petitions are disposed of with the following directions:
The respondents shall see that the matter is placed before the scrutiny committee, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. The scrutiny committee shall thereupon consider the matter after affording an opportunity of being heard to the petitioners and take a final decision regarding the caste status of the petitioners. It would be open to the petitioners to request for opportunity to adduce evidence, in which case, the scrutiny committee shall afford the petitioners an opportunity to do the same. The admissions obtained by the two of the petitioners pursuant to interim orders of this Court will be subject to the final decision to be taken by the scrutiny committee as directed above.
Sd/- S. Siri Jagan, Judge.
Tds/