Kerala High Court
Joicy Jose vs The State Of Kerala
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
WEDNESDAY, THE 3RD DAY OF OCTOBER 2012/11TH ASWINA 1934`
WP(C).No. 7464 of 2009 (C)
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PETITIONER(S):
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1. JOICY JOSE, D/O.JOSE MATHEW, AGED 18 YEARS,
NURSING STUDENT, MAR SLEEVA COLLEGE OF
NURSING, CHERPUMKAL P.O., PALAI,
KOTTAYAM, RESIDING AT VETTIKKAL HOUSE,
OTTALLUR P.O., IDUKKI - 685 586.
2. ANUJAMOL MATHEW, D/O.MATHEW, AGED 18 YEARS,
NURSING STUDENT, MAR SLEEVA COLLEGE OF
NURSING, CHERPUMKAL P.O., PALAI,
KOTTAYAM, RESIDING AT VATTAPPILLYTHADATHIL,
KOOTHATTUKULAM P.O., ERNAKULAM DISTRICT-686 662.
3. SAYANA JOSEPH, D/O.JOSEPH, AGED 19 YEARS,
NURSING STUDENT, MAR SLEEVA COLLEGE OF
NURSING, CHERPUMKAL P.O., PALAI,
KOTTAYAM, RESIDING AT PUTHUPPALLY KAROTTU,
PATHUVA P.O., KOTTAYAM - 686 564.
BY ADVS.SRI.C.A.CHACKO
SMT.C.M.CHARISMA
SRI.N.A.SHAFEEK
RESPONDENT(S):
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1. THE STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM.
2. THE PRINCIPAL SECRETARY TO GOVERNMENT,
DEPARTMENT OF SC/ST DEVELOPMENT, SECRETARIAT,
THIRUVANANTHAPURAM.
3. THE DISTRICT OFFICER,SC/ST DEVELOPMENT OFFICE, KOTTAYAM.
4. THE PRINCIPAL,MAR SLEEVA COLLEGE OF NURSING,
CHERPUMKAL P.O., PALAI, KOTTAYAM.
R1 TO R3 BY GOVERNMENT PLEADER SRI.JOSEPH GEORGE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 03-10-2012, ALONG WITH WP(C)NO.8575/2009, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C)NO.7464/2009
APPENDIX
PETITIONER'S EXHIBITS:
P1 COPY OF THE DETAILS OF COLLEGES PUBLISHED IN THE PROSPECTUS ISSUED
BY CONTROLLER OF EXAMINATIONS OD SELF FINANCING COLLEGES OF
KERALA
P2 COPY OF THE SSLC BOOK OF 1ST PETITIONER.
P3 COPY OF THE SSLC BOOK OF 2ND PETITIONER.
P4 COPY OF THE SSLC BOOK OF 3RD PETITIONER.
P5 COPY OF THE G.O.NO.24/04 DATED 15/4/04
P6 COPY OF THE G.O.(MS)NO.48/04 DATED 17/7/04
P7 COPY OF THE REPRESENTATION DATED 20/12/08 MADE BEFORE 2ND
RESPONDENT.
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P.S.TO.JUDGE
sts
T.R.RAMACHANDRAN NAIR, J.
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W.P.(C).Nos. 7464 & 8575 of 2009
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DATED THIS THE 3RD DAY OF OCTOBER, 2012
JUDGMENT
Both these writ petitions are filed by the petitioners who are students seeking educational concessions available to the Scheduled Caste and Scheduled Tribe communities.
2. In W.P.(C) No.8575/2009 the petitioners are studying in St. Joseph's College of Engineering & Technology, Pala. They are studying for B.Tech course. They belong to Scheduled Tribe category and they have been granted admission when they became successful in the common entrance examination. The copy of the caste certificates have been produced as Exts.P3 and P4. The College in question is a self financing one and citing the said reason, the petitioners are not being granted educational concession. It is in these circumstances, they have approached this Court seeking for various reliefs.
3. In W.P.(C) No.7464/2009, the petitioners are Nursing students under the fourth respondent College. They were granted admission in merit seat through entrance examination conducted by the Association of Managements of Self Financing Nursing Colleges in the State. They are W.P.(C).Nos.7464 & 8575/09 -2- also seeking identical reliefs. They belong to Cheramar Christian Community which is recognised as Other Eligible Community for educational concessions.
4. Learned counsel for the petitioners point out that a Division Bench of this Court in W.P.(C) No.22484/2008 and connected cases, has held that SC/ST and OEC students in the Self Financing Institutions in the State of Kerala are also eligible for all benefits as are available to members of SC/ST and OECs. It is therefore submitted that the petitioners are also entitled for the same benefits.
5. Heard learned counsel for the petitioners and learned Government Pleader.
6. In paragraphs 8 and 9 of the judgment in W.P.(C) No.22484/2008, the Division Bench has held as follows:
"8. The fee concession provided by the State Government to SC/ST students is a concession by way of an affirmative action in tune with Articles 15 (4), 15(5), 16(4) and 46 of the Constitution. As held in Avinash Singh Bagri (supra), rendered after noticing Ashoka Kumar Thakur v. Union of India {(2008) 6 SCC 1}, SCs and STs are a separate class by themselves and the creamy layer principle is not applicable to them. The benefits extended to them by way of concessions cannot be denied by making an in-house classification among SCs and STs, based on W.P.(C).Nos.7464 & 8575/09 -3- any principle; be it financial conditions or source of recruitment, etc. This is so because, the object sought to be achieved by Article 46 of the Constitution is to ensure promotion of the educational and economic interests of those weaker sections of the people by providing special care and protection from social injustice and all source of exploitation. It is not essentially a financial push. It is a wholesome preventive mechanism to insulate that section of the people from social injustice and from all forms of exploitation. Such protective cover is the constitutional mandate. It is aimed at providing all necessary support and protection to energize and nurture that section of the people from the status of being a "weaker section" to join the mainstream in totality, the blooming of which, the Nation, "we, the people of India", is yet to experience in its wholesomeness. Therefore, looking from the angle of Articles 14, 15, 16 and 46, 23 do not see any justifiable reason, on the face of the Constitution to authorise the classification of SC/ST students, for the reason that they belong to such communities, to extend the benefits declared and made available to them. We, therefore, answer the reference overruling the judgment in W.P.(C) No.27905 of 2008.
9. OEC having been equated to SC/ST for the purpose of benefits, they would also enjoy those concessions at par with the SC/ST candidates.
In the result, these writ petitions are ordered directing that SC/ST and OEC students in the Self Financing Institutions in the State W.P.(C).Nos.7464 & 8575/09 -4- of Kerala shall be extended all benefits as are available to members of SCs, STs and OECs, without reference to whether they were admitted in the merit quota or management quota and also without insisting that they should have been admitted from the list prepared by the Commissioner of Entrance Examinations. Such benefits shall be extended to the writ petitioners in terms of the aforesaid directions."
The petitioners herein are also therefore entitled for the very same declaration.
7. Accordingly, the writ petitions are allowed. It is declared that the petitioners are also entitled for the fee concession and other benefits eligible to SC/ST and OEC candidates. An appropriate decision will be taken by the competent authority among the respondents and the benefits will be extended to the petitioners from the year in which they have been admitted to the courses. The monthly fee, etc. paid by the petitioners equal to the concession allowable to the students of SC/ST and OEC will be reimbursed to them.
The writ petitions are allowed to the above extent. No costs.
(T.R.RAMACHANDRAN NAIR, JUDGE) kav/