IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 WP(C).No. 27905 of 2008(V) -------------------------- PETITIONER(S): --------------- SRUTHI.V.SUNDAR, 21 YEARS, D/O.V.M.SUNDARESAN, STUDENT, 3RD YEAR B.SC.NURSINGCENTURY COLLEGE OF N URSING, POINACHI, KASARAGOD,VILLARVATTAM HOUSE KEDAMANGALAM PO., ERNAKULAM-683513. BY ADV. SRI.P.BALAKRISHNAN SRI.A.RAJAPPAN (VAIKAM) RESPONDENT(S): --------------- 1. GOVERNMENT OF KERALA, REP. BY THE PRINCIPAL SECRETARY, SC/ST DEVELOPMENT DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. DIRECTOR, SCHEDULED CASTE DEVELOPMENT DEPARTMENT, GOVT. OF KERALA, TRIVANDRUM. SPL. GOVERNMENT PLEADER SRI. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 27905/08. ------------------------------------------------------------------- EXT.P1 TRUE COPY OF CASTE CERTIFICATE DT. 15-6-2005. EXT.P2 ORDER DT. 13-3-1984. EXT.P3 MARKS/DA SHEET EXECUTED ON 1-6-2005. EXT.P4 REPRESENTATION DT. 29-12-2008. EXT.P5 ACKNOWLEDGMENT CARD DT. 2-3-2007. EXT.P6 REPRESENTATION DT. 18-2-2008. EXT.P7 ORDER DT. 30-9-1995. RESPONDENTS' EXHIBITS: ----------------------------------- EXT.R1(a) GOVT. ORDER DT. 17-7-2004. EXT.R1(b) DO DT. 5-4-2005. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 27905 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 21st August, 2009. J U D G M E N T The petitioner is a third year student of B.Sc Nursing College in the Century College of Nursing, Poinachi, Kasaragod, which is self- financing college. The petitioner belongs to the Hindu Dheevara (Other Eligible Community) community. The Government, by Ext. P2 order, held that persons belonging to Other Eligible Communities are also eligible for educational concessions normally granted to scheduled castes and scheduled tribes. The petitioner obtained admission in the abovesaid college in the management quota and not in the merit quota. The petitioner's grievance in this writ petition is that the petitioner is not being given educational concessions as applicable to scheduled castes and scheduled tribes provided in Ext. P7 Government Order. The petitioner therefore seeks the following reliefs: “(a) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to take steps to grant the educational concessions to the petitioner in accordance with Ext. P2 and P7. (b) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to take a decision on Ext. P4 and Ext. P6 representation .” 2. A counter affidavit has been filed on behalf of the 1st respondent, wherein the contention taken is that the educational concessions to scheduled castes/scheduled tribes and consequently to other eligible communities are governed by Exts.R1(a) and R1(b) Government Orders, which have replaced Ext. P7 order. As per the same, educational concessions to scheduled castes and scheduled tribes are available only to those students who secure admissions in the merit seats and not in the management quota seats. W.P.C. No. 27905/2008 -: 2 :- 3. The petitioner has filed a reply affidavit producing along with it, Ext. P8 Government Order. The petitioner's contention is that as per Ext. P8 Government Order, the scheduled castes, scheduled tribes and O.E.C students are eligible for educational concessions, irrespective of whether the admission is in the merit quota or the management quota. 4. I have considered the rival contentions in detail. 5. As rightly pointed out by the learned Government Pleader Exts.R1(a) and R1(b) hold the field now in the place of Ext. P7, insofar as in Ext. R1(a), the first reference is Ext. P7 order. Going by Exts. R1(a) and R1(b), it is abundantly clear that the Government had declared educational concessions to scheduled caste and scheduled tribe students who secure admission in the merit seats. Ext. P8 order has been passed extending the benefits under Exts.R1(a) and R1(b) to students studying in recognised Universities (other than deemed Universities) and the colleges directly conducted by the State and Central Governments (L.B.S, Center I.H.R.D., C.Dit, ER & D.C and co-operative institutions under the control of the Government). Therefore, the grant of educational concession is regulated by Exts. R1(a) and R1(b). Exts. R1(a) and R1(b) provide for educational concessions only to scheduled caste and scheduled tribe students and consequently to students of other eligible communities, who secure admission in the merit seats. Admittedly, the petitioner has obtained admission in the management seat. Therefore, educational W.P.C. No. 27905/2008 -: 3 :- concessions provided as per Exts. R1(a) and R1(b) are not available to the petitioner. In the above circumstances, there is no merit in the writ petition and accordingly, the same is dismissed. Sd/- S. Siri Jagan, Judge. Tds/