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HIGH COURT OF KERALA
T.R.RAMACHANDRAN NAIR, J
KUM ASWATHI GOPI – Appellant
Versus
STATE OF KERALA – Respondent
WRIT PETITION (CIVIL) 14924/2012
Scheduled Tribe - Admissions - Kerala Scheduled Castes/Scheduled Tribes Regulation of Issue of Community Certificates Act, 1996 - Sections 6, 13 - Court directed the government to decide on the revision petition and permitted participation in counseling pending decision.
Fact of the Case:
The petitioners contested the rejection of their Scheduled Tribe status for MBBS admissions, leading to a revision petition filed under the Kerala Scheduled Castes/Scheduled Tribes Regulation of Issue of Community Certificates Act, 1996.
Finding of the Court:
The court ordered the government to expedite the decision on the revision petition regarding Scheduled Tribe status and permitted the first petitioner to participate in the MBBS counseling process.
Issues: Whether the petitioners have the right to participate in the MBBS counseling pending the decision on their Scheduled Tribe status.
Ratio Decidendi: The court emphasized the need for timely decisions in educational admissions, highlighting the importance of fair process for candidates claiming community certificates.
Final Decision: The court disposed of the writ petition, granting participation in counseling while awaiting government decision.
J U D G M E N T
The petitioners have approached this Court aggrieved by the steps taken by the 6th respondent to reject the application on the plea that the petitioners do not belong to a Scheduled Tribe category namely, Hindu Kadar. Going by the proceedings of the Commissioner for Entrance Examinations produced as Ext.P27, it can be seen that the 1st petitioner's application was referred to the Screening Committee for clearance and verification of SC/ST claim as authorised by Section 6 of the Kerala Scheduled Castes/Scheduled Tribes Regulation of Issue of Community Certificates Act, 1996 . The operative portion of Ext.P27 will show that the Screening Committee has decided to reject the claim of the candidate. Thereafter, the 1st petitioner has filed a revision petition as per Ext.P29 before the Government under Section 13 of Act 11 of 1996.
2. Heard the learned counsel for the petitioners, learned Standing Counsel for the Medical Council of India and the learned Special Government Pleader.
3. It is submitted by the learned counsel for the petitioners that the 3rd counselling for allotment to MBBS course is scheduled to take place on 08.08.2012 and therefore, urgent directions are required in the matter.
Now that the petitioners have approached the Government by filing a revision petition, there will be a direction to the 4th respondent to take a decision on the revision petition before 30.08.2012 since the entire admission process will have to be closed by September 2012. There will be a direction to the 6th respondent to allow the 1st petitioner to participate in the 3rd counselling for the seats in MBBS identified for Scheduled Tribe candidates and she will be allowed to register a seat for allotment and further action with regard to admission will be taken only after orders are passed by the Government.
This writ petition is disposed of as above.
T.R. RAMACHANDRAN NAIR JUDGE smp
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