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2026 Supreme(Online)(Ker) 24917

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
VISHNU PRASAD R – Appellant
Versus
THE TAHASILDAR, TALUK OFFICE, MINI CIVIL STATION, VATAKARA, KOZHIKODE DISTRICT – Respondent
WP(C) NO. 10791 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.B.KRISHNAN, SHRI.R.PARTHASARATHY
For the Respondents: SMT. AMMINIKUTTY K.

The court emphasized the need for timely review of EWS applications while considering relevant legal precedents and government orders.

Headnote:The petitioners sought admission to educational institutions claiming EWS status. A rejection of the 1st petitioner's application for EWS was challenged. The court directed the authorities to decide the pending applications expeditiously. The existing government orders and a precedent case were considered, leading to a ruling on timely review of claims.

Table of Content
1. petitioners seek educational admissions based on ews. (Para 1 , 2)
2. applications for ews certificates are pending consideration. (Para 3 , 4)
3. government submissions on prevailing orders affect ews claims. (Para 5)
4. court directs timely processing of ews applications. (Para 6)

JUDGMENT

The 1st petitioner seeks admission to the Indian Institute of Management while the 2nd petitioner seeks admission to the Indian Institute of Technology. Petitioners are siblings, and they claim to fall within the Economically Weaker Section of the society.

2. The 1st petitioner applied for a certificate as an Economically Weaker Section, which was rejected by Ext.P2 by the 1st respondent. Challenging the said rejection, the 1st petitioner has preferred Ext.P3 appeal, before the 2nd respondent, which is pending consideration.

3. The 2nd petitioner, in the meanwhile applied for obtaining a certificate as an EWS, as per Ext.P4 before the 1st respondent. The said application is pending consideration.

4. Petitioners claim that their parents are separated and the father had practically abandoned them from 2016, and that his income and assets cannot be counted as theirs, for the purpose of reckoning their eligibility for EWS certificate. The petitioners claim, the benefit of the decision in Meghna Devi v. State of Kerala ( 2025 KHC 2073 ).

5. The learned Government Pleader submitted that the above-mentioned decision is not applicable since there are other Government orders that govern the field, which was not the subject matter of consideration in Meghna Devi's case.

6. Notwithstanding the above-mentioned contentions, I am of the view that since the appeal filed by the 1st petitioner, as well as the application filed by the 2nd petitioner, are pending consideration before the respective respondents, the same can be directed to be considered in a time-bound manner.

Hence, there will be a direction to the 1st respondent to consider and pass appropriate orders on Ext.P4 application filed by the 2nd petitioner, as expeditiously as possible, at any rate, within an outer period of six weeks from the date of receipt of a copy of this judgment, after granting an opportunity of being heard to the 2nd petitioner.

Similarly, there will be a direction to the 2nd respondent to consider and pass orders on Ext.P3 appeal filed by the 1st petitioner, as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment. While considering the claims the authorities shall bear in mind the relevant Government Orders, as well as the judgment in Meghna Devi's case (supra).

The writ petition is disposed of as above.

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