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HIGH COURT OF KERALA
T.R.RAMACHANDRAN NAIR, J
M B CHINNU – Appellant
Versus
STATE OF KERALA Advocate - GOVERNMENT PLEADER GOVERNMENT PLEADER – Respondent
WRIT PETITION (CIVIL) 28110/2012
Admission - Scheduled Castes - Kerala Scheduled Castes and Scheduled Tribes Regulation of Issue of Community Certificates Act - Section 6 - The court upheld the authority of the Screening Committee to deny community certificate based on its report, and permitted an appeal against its decision.
Fact of the Case:
The petitioner applied for admission to the M.C.A Course, claiming Scheduled Caste status, but her claim was rejected by the Screening Committee based on a report from KIRTADS.
Finding of the Court:
The court noted that the petitioner had the option to appeal against the Screening Committee's decision before the appropriate government authority.
Issues: Whether the petitioner could challenge the decision of the Screening Committee regarding her Scheduled Caste claim.
Ratio Decidendi: The court emphasized that the petitioner has a statutory right to appeal against the Screening Committee's order, in line with the provisions of the Kerala Scheduled Castes and Scheduled Tribes Regulation of Issue of Community Certificates Act.
Final Decision: The writ petition is disposed of allowing for an appeal process.
J U D G M E N T
The petitioner herein is aggrieved by Ext.P16 proceedings issued by the Commissioner for Entrance Examinations.
2. She was an applicant for admission to M.C.A Course, 2012 and she claimed that she belonged to Scheduled Caste community. The matter was scrutinised and, ultimately, based on the Screening Committee's proceedings, Ext.P16 order has been issued. Reference is made to the various aspects therein including a report of the KIRTADS. In the operative portion of Ext.P16, it is mentioned that as per Section 6 of the Kerala Scheduled Castes and Scheduled Tribes Regulation of Issue of Community Certificates Act , 1996 the Screening Committee decided to accept the report of the KIRTADS and to reject the SC claim of the petitioner.
3. Learned Government Pleader submitted that the remedy of the petitioner is to challenge the Scrutiny Committee's proceedings before the Government, namely, before the Secretary to Government, Scheduled Castes & Scheduled Tribes Development Board.
4. In the light of the above, the petitioner can challenge Ext.P16 in an appeal and if an appeal is filed along with a certified copy of this W.P.(C). No.28110/2012 Judgment, the hearing of the appeal will be expedited and a decision will taken within a period of two months. The writ petition is disposed of as above. No costs.
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