IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 WP(C).No. 15741 of 2009(K) ----------------------------------------- PETITIONER(S): ------------------------ AKHIL.A.S,AGED 19 YEARS,S/O.ANITHA JOHNSON, MODESTY HUT,PULLANIVILA,THUNDATHIL.PO, THIRUVANANTHAPURAM. BY ADVS. MR.VINOJ RAJAN, MR.SUNNY ZACHARIA. RESPONDENT(S): ---------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY,DEPARTMENT OF REVENUE,SECRETARIATE, THIRUVANANTHAPURAM. 2. THE COMMISSIONER FOR ENTRANCE EXAMINATIONS,HOUSING BOARD BUILDINGS,SANTHI NAGAR,THIRUVANANTHAPURAM. 3. THE VILLAGE OFFICER,AYIROORPARA VILLAGE,AYIROORPARA,THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER MR. M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.15741/2009 K APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPLICATION NO.1172446 SUBMITTED BY THE PETITIONER. P2: COPY OF THE HALL TICKET NO.115347 ISSUED BY THE 2ND RESPONDENT. P3: COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT DTD. 12/05/2009. P4: COPY OF THE MEMO DTD. 14/05/2009 ISSUED BY THE 2ND RESPONDENT. P5: COPY OF THE PAGE NO.90 OF THE PROSPECTUS. P6: COPY OF THE RELEVANT PAGES OF THE SSLC BOOK. P7: COPY OF THE COMMUNITY CERTIFICATE DTD. 01/06/2009 ISSUED BY THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss V.GIRI,J. ------------------------- W.P ( C) No.15741 of 2009 -------------------------- Dated this the 22nd June,2009 J U D G M E N T Petitioner belongs to Latin Catholic community. He applied for the entrance examination for admission to Professional Courses, Kerala 2009. Column No.15 in the prescribed form deals with reservation. Petitioner had entered his community as ' Latin Catholic other than Anglo Indian' which is as per the instructions to the candidate. Community certificate in affirmation of the claim for reservation made by the candidate is to be endorsed on the application form itself. The Village Officer proceeded to affirm the community of the petitioner and noted it as Christian Nadar (LC). He should have in fact noted it as 'Latin Catholic other than Anglo Indian'. Petitioner submitted the application and he had appeared in the examination also. Later, he produced Exhibit-P7 certificate issued on 1.6.2009 specifically stating that he belongs to the Latin Catholic community W.P ( C) No.15741 of 2009 2 but this has not been accepted by the Commissioner essentially on the ground that in terms of the prospectus the community certificate as is endorsed and given as part of the prospectus is done eligible to be accepted. Petitioner had participated in the entrance examination pursuant to an interim order passed by this Court which also interdicted the declaration of the result except after getting orders from this Court. 2. Learned Government Pleader, on instructions, submits that petitioner belongs to Latin Catholic community and the Village Officer should have therefore certified it as Latin Catholic other than Anglo Indian in terms of the prospectus. 3. In my view, petitioner cannot be penalized due to the lapse on the part of the Village Officer. There is no dispute regarding the fact that petitioner belongs to Latin catholic community. The sub classification is Christian Nadar. Even taking note of the sub classification community certificate should have certified the petitioner as Latin Catholic other than Anglo Indian. This position is W.P ( C) No.15741 of 2009 3 now reaffirmed as per Exhibit-P7. 4. In these circumstances, Exhibit-P4 memo rejecting the petitioner’s application is quashed. Commissioner shall consider the petitioner's participation in the entrance examination for Professional Degree Course 2009 pursuant to the interim order passed by this Court as regular and proceed to publish the results of the petitioner treating him as belonging to the Community “Latin Catholic other than Anglo Indian”. Writ petition is allowed as above. (V.GIRI,JUDGE) ma W.P ( C) No.15741 of 2009 4 W.P ( C) No.15741 of 2009 5