Kerala High Court Grants Relief to Student Denied EWS Certificate Due to Parental Desertion

Kerala High Court Grants Relief to Student Denied EWS Certificate Due to Parental Desertion

The High Court of Kerala at Ernakulam has delivered a significant ruling protecting the rights of meritorious students to access reservation benefits. Justice N. Nagareshi presided over the matter, where the court set aside a rejection order that had barred a student from obtaining an Economically Weaker Section (EWS) certificate.

A Struggle for Eligibility

The petitioner, Meghna Devi, a meritorious student, qualified for the National Institute of Fashion Technology (NIFT) entrance exam, securing an All India Rank of 1238 and an EWS Category Rank of 54. Despite her achievement, the local authorities denied her EWS certification, citing that her mother’s land holdings exceeded the prescribed 4.13-cent limit and noting an anomaly in the mother's name on school records.

The petitioners contended that the father had abandoned the family 12 years prior and was currently residing abroad with another family, rendering his financial status irrelevant to the petitioner's eligibility. Furthermore, they clarified that the land in question included agricultural portions, and the name discrepancy was merely a confusion between the mother and a stepmother.

Court’s Reasoning on EWS Criteria

The High Court underscored that administrative hurdles should not override the fundamental purpose of the EWS reservation. Regarding the land ceiling, the court referenced an order from the Department of Urban Affairs, noting that only residential areas—excluding agricultural land—should be calculated toward the permissible limit.

On the issue of parental abandonment, Justice Nagareshi emphasized that if a parent has deserted the family, their income cannot be factored into the EWS eligibility criteria. Relying on a certificate from the Grama Panchayat, the court confirmed the abandonment and the fact that the mother had not remarried. Finally, the court dismissed the name discrepancy, noting that official verification from the Village Officer confirmed the mother’s identity.

Key Observations

• "If either of the parents have abandoned the family, the income of such a person need not be taken into account."
• "The claim of the petitioners cannot be rejected on that ground [of land holding] as all the remaining land is to be considered as agricultural land."
• "Denying the benefit of EWS to the 1st petitioner on the basis of the stepmother’s name appearing in the Secondary School Certificate is also unsustainable."

A Mandate for Fairness

The High Court has directed the relevant respondents to issue the EWS certificate to the petitioner forthwith. Additionally, the National Institute of Fashion Technology has been instructed to proceed with the student's admission, provided she meets all other necessary academic and merit-based parameters. This ruling serves as a vital precedent for students facing bureaucratic indifference, reinforcing that technicalities must yield to the realities of family circumstances and the spirit of affirmative action.