IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 WP(C).No. 32061 of 2008(P) ---------------------------------------- PETITIONER(S): ------------------------ FATHIMATH SUHARA, AGED 21 YEARS, D/O. MUHAMMED KASIM NALAKAM, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENT(S): ----------------------------- 1. THE REGISTRAR, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY.P.O. 2. THE ADMINISTRATOR, UNION TERRITORY OF LAKSHADWEEP, KAVARATHY. ADV. SRI.P.C.SASIDHARAN, SC, CALICUT UTY. FOR R1 SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.32061/2008 P APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NATIVITY CERTIFICATE ISSUED BY THE SUB DIVISIONAL OFFICER, ANDROTH DTD. 29/07/2000. EXT.P2: COPY OF THE CASTE CERTIFICATE ISSUED BY THE EXECUTIVE MAGISTRATE OF ANDROTH ISLAND TO THE MOTHER OF THE PETITIONER DTD. 14/06/2005. EXT.P3: COPY OF THE CASTE CERTIFICATE ISSUED BY THE EXECUTIVE MAGISTRATE OF ANDROTH ISLAND TO THE FATHER OF THER PETITIONER DTD. 26/06/1990. EXT.P4: COPY OF MARK LIST ISSUED BY THE CONTROLLER OF EXAMINATIONS, UNIVERSITY OF CALICUT DTD. 2/08/2008. EXT.P5: COPY OF THE PROVISIONAL CERTIFICATE ISSUED BY THE UNIVERSITY DTD. 4/07/2008. EXT.P6: COPY OF THE ADMISSION NOTIFICATION ALONG WITH THE PROSPECTUS DTD. 19/09/2008. EXT.P7: COPY OF THE RANK LIST PUBLISHED BY THE 1ST RESPONDENT DTD. 20/10/2008. EXT.P8: COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DTD. 21/10/2008. EXT.P9: COPY OF THE ORDER DTD. 12/12/2005. RESPONDENT'S EXHIBITS: EXT.R1(A): COPY OF NATIVITY CERTIFICATE. EXT.R1(B): COPY OF DOMICILE CERTIFICATE. EXT.R1(C): COPY OF COMPARISON AND PERUSAL CASTE CERTIFICATE PRODUCE BY ANOTHER CANDIDATE. /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. --------------------------- W.P.(C) No. 32061 of 2008 ------------------------------------ Dated this the 16th day of January, 2009 JUDGMENT The petitioner seeks a direction to the first respondent to allot her a seat in B.Ed Degree Course in English at the College of Education, Calicut University Centre, Kavarathy. Petitioner submits that she is a resident of Androth Island , but was born in Thiruvananthapuram. After completing her graduation, in response to Exhibit P6 admission notification issued by the respondent University, petitioner submitted an application for admission to B.Ed courses with the optional subject of English. However, in Exhibit P7 rank list, she was not included in the main list, but was included in the provisional rank list only, although, among the applicants she had the highest marks. It is in these circumstances, this writ petition has been filed with the aforesaid prayer. 2. Learned counsel for the petitioner submits that she has been denied S.T. status and it is on that basis, she has been excluded from the main rank list. Referring to Exhibit P6 prospectus, counsel for the petitioner contends that clause (6) of Exhibit P6 did not provide W.P.(C) No. 32061 /2008 2 any reservation to SC/ST candidates and if that be so, denial of admission to the petitioner on the basis that she does not belong to ST category is incorrect. On the other hand, on behalf of the respondents, it is stated that ethnic native residents of Lakshadweep and other Islands are all ST candidates. It is stated that the intention of Exhibit P6 was to provide 90% of the seats to the ethnic residents of the Islands. It is stated that the petitioner was not a ethnic resident and is not entitled to that status since she born at Thiruvananthapuram. Therefore, according to them exclusion of the petitioner from the main rank list cannot be faulted. In the counter affidavit, the University is also justifying her inclusion in the provisional rank list. According to the university, such inclusion of the petitioner in the provisional rank list was on the advice of the Educational Officer, Kavarathi, who was consulted in this matter. Counsel for the university also made reference to Exhibit P9, where it is provided that ethnic native candidates of the Islands will be considered for 90% of the seats. 3. Heard counsel on either sides. W.P.(C) No. 32061 /2008 3 4. Having regard to the preference in this matter of admission and having heard both sides, I am not inclined to interfere with Exhibit P7 rank list. I notice from Exhibit P6 Prospects published by the University that among the mandatory documents to be attached, one of the document specified is “community and nativity certificate.” This obviously is to ensure that the students admitted are all belonging to the community of the Island residents. Obviously, from the documents produced by the petitioner, she could not produce the community certificate, but only produced nativity certificate. The provisions of Exhibit P6, read in the light of Exhibit P9, leads to the only conclusion that 90% of the seats go to the ethnic native candidates. If that be so exclusion of the petitioner in Exhibit P1 cannot be interfered with. 5. Be that as it may be, the fact remains that the petitioner had secured 440/800 marks and it is clear from Exhibit P6 that, she was the candidate with highest marks. Therefore, denial of admission to the petitioner on the technical ground that she is not an ethnic native is unjustified. But this, court also has limitations. Therefore, I direct the petitioner to approach the Registrar of the Calicut University with an W.P.(C) No. 32061 /2008 4 appropriate representation, in which case, request of the petitioner for increasing the seats will be considered with the sympathy it deserves and appropriate orders shall be passed. Petitioner may file representation as above within 10 days from today, in which case, the Registrar shall consider the same and pass appropriate orders within three weeks thereafter. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE scm