SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1999 Supreme(Ker) 508

Judges : A.R.LAKSHMANAN,S.SANKARASUBBAN
Bindu - Appellant
Versus
State of Kerala - Respondent
Case No : W.A. No. 2213 of 1999
Decided On : 12/01/1999
Advocates Appeared :
A.X. Varghese For Appellant Government Pleader (Poly Mathai) For Respondents

Headnote:

Constitution of India, Article14 & 226- Examinations passed - Scheduled Castes - Community - Government Order - Appellant applied in prescribed form and produced necessary certificates from Tahsildar showing that she belongs to Scheduled Castes - claim of appellant to get a seat on basis of Scheduled Caste Community was referred to 'KIRTADS' and on basis of report Commissioner of Entrance Examinations passed order - Application of appellant for admission to Engineering Medical Agricultural Courses was rejected - Appellant challenged order before Single Judge -Held, Court held that was amply clear that petitioners cannot claim status of Scheduled Caste in as much their father belongs to O.B.C. Community and not Scheduled Caste - In that case petitioner prayed for declaration only with intent to avail educational benefits available to Scheduled Caste persons in view of Government Order which same produced in present case - Court repelled contentions by stating that such a relief cannot be claimed by petitioners - Nor such a case has been set out in body of Original Petition - So Court did not go into that question -Appeal dismissed

Judgment :-

S. Sankarasubban, J.

The above Writ Appeal is filed by the petitioner in O.P.No.22795 of 1999 against the judgment dismissing the Original Petition. Appellant applied for admission to the Medical/ Engineering course invoking Clause 5.3.4(e) of the Prospectus, which states that the children of intercaste marriage couples, who claim reservation under SC/ST quota should apply in the application form intended to SC/ST candidates and should produce the SC/ST certificate from the concerned Tahsildar in the prescribed form provided on the body of the application form in addition to the intercaste marriage certificate. According to the prospectus, the claim to get the benefit of SC/ST will be subject to verification and clearance by the Screening Committee constituted by the Government. The community certificate should clearly specify that the candidate himself belongs to SC/ST. According to the appellant/ petitioner, her father belongs to Nair Community and her mother belongs to Panan Community, which is a Scheduled Caste Community.

2. Appellant applied in the prescribed form and produced necessary certificates from the Tahsildar showing that she belongs to Scheduled Castes. The claim of the appellant to get a seat on the basis of Scheduled Caste Community was referred to'KIRTADS' and on the basis of the report, the Commissioner of Entrance Examinations passed Ext. P5 order. The application of the appellant for admission to the Engineering/ Medical/ Agricultural Courses 1999 was rejected. Appellant challenged Ext. P5 order before the learned Single Judge. The learned Single Judge dismissed the Original Petition and hence this Writ Appeal. Before we discuss the point in issue, we shall give some more facts.

3. Appellant's mother is one Vijayalakshmi. Appellant's grandmother is one Mani. According to the appellant, both of them belong Hindu Panan Community. Appellant's grandmother, i.e., maternal grandmother, Mani, was married by one Kannan Nair. Appellant's grandmother was employed as a Teacher in AUP School, Nanminda. Mani' s father, Nambi also belonged to Panan Community. Mani had a brother by name Kelu Bhagavathar. He also belongs to Panan community. Kannan Nair and Mani had two children, Balasubramanian and Vijayalakshmi. Vijayalakshmi is the mother of the appellant. Appellant's mother studied upto Pre-degree and in her SSLC book her caste is shown as Panan. Her brother Balasubramanian had studied upto M.A., B.Ed. Vijayalakshmi is married to one Balan Nambiar and they have two children, Vipin and Bindu, the appellant. Vipin is a first year student of MBBS course at the Medical College, Calicut He obtained a certificate that he belongs to scheduled caste community and obtained admission on that basis. Since the appellant studied in a school recognized by the Central Board of Secondary Education, the community is not reflected in the mark list given to the appellant.

4. Appellant produced a community certificate as evidenced by Ext. P6. It is dated 28.4.1999. Ext P6 shows that she belongs to Hindu Panan Community. Ext. P7 is the intercaste marriage certificate with regard to the appellant's parents. This also shows that the appellant's mother belongs to Panan Community. Ext. P8 is the SSLC Book of the appellant's mother. This certificate also shows the caste of the appellant's mother as Panan. Appellant has produced Ext. P13, which states that the children born of intercaste marriage will be treated as belonging to SC/ST Community. But the Commissioner of Entrance Examinations rejected the application of the appellant for reservation on the basis of certain observations of the screening committee. It is challenging this that the Original Petition was filed.

5. A statement was filed before the learned Single Judge by the Government Pleader. In Paragraph 3 of the statement, it is stated that the claim of the candidate for Scheduled Caste rests only on the caste status of her maternal grandmother. The candidate's father belongs









Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

SupremeToday

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top