K. Harilal, J.

1. The petitioner is an aspirant for admission to the Medical Course, namely Bachelor of Medicine and Bachelor of Surgery (MBBS) course for the year 2012. He appeared for the Entrance Examination 2012 and secured Rank No.4675. He is a Christian by faith and belongs to Orthodox Syrian Community. As per the scheme of admission, the respondents 1 and 2 had approved a quota namely minority/community quota in private self financing colleges belonging to each community. Out of 50% seats available in Government quota, 30% will be allotted to the candidates belonging to the respective community of such colleges. Malankara Orthodox Syrian Church Medical College, Kolenchery is the only college in private self financing sector run by the religious denomination of the petitioner. The petitioner is entitled to claim the said quota. For the said purpose, it is stipulated by the second respondent that candidates should register their names in the prescribed proforma along with a community certificate issued by the Village Officer.

2. The petitioner registered his claim and submitted Ext.P1 application in the prescribed proforma within the time. He also produced Ext.P2, the original community certificate issued by the Village Officer. As per the instructions, the 2nd respondent has not stated that the certificate of the Vicar should be attached in original. On the other hand, Ext.P3 general instructions by the 2nd respondent clearly shows that the original certificate should be produced before the Principals concerned after the allotment. In the above context, the petitioner produced a copy of the said certificate attested by a Gazetted officer before the 2nd respondent. Ext.P4 is the true copy of the Vicar's community certificate and Ext.P4(a) is the true copy of the concerned notification dated 20/06/2012 of the 2nd respondent. Ext.P4(a) has not required the production of original certificate by Vicar. The petitioner has a valid claim in minority quota. He submitted the application with the certificates in time. But the second respondent without giving any opportunity rejected the application of the petitioner on the reason that the original of the Vicar's certificate is not produced along with the application. The rejection of the application was also not properly communicated. The petitioner came to know about the same when his name was not considered in the third round allotment. When the petitioner made an enquiry personally at the 2nd respondent's office at Thiruvananthapuram, he was furnished with Ext.P5 common communication kept with them. In the third allotment, the 2nd respondent gave allotment in the minority quota for Malankara Orthodox Syrian(Mx) to Rank No.4842 which is below the petitioner's rank. The claim of the petitioner is illegally rejected and the second respondent gave allotment to a lesser rank holder. Ext.P6 is the true copy of the said third round allotment details. The conduct of the second respondent constitute arbitrariness and illegality warranting interference of this Court under Article 226 of the Constitution of India. In the above circumstances, the petitioner filed this writ petition with the following prayers:

i) to issue a writ of certiorari quashing the original of Ext.P5 to the extent it relates to the petitioner and all consequential or preceding proceedings if any pursuant to it;

ii) to issue a writ of mandamus commanding the respondents to include the petitioner also in the category of minority/community quota and to issue to him appropriate allotment according to the order of merit in the rank list to the institution, that he has chosen.

3. The second respondent filed a counter affidavit denying all allegations in the writ petition except the extent to which they are specifically admitted. According to the counter affidavit, the petitioner is not entitled for seeking a relief for writ of mandamus, since he has no legal right. It is admitted that the petitioner has appeared fo