IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 W.P(C).No. 20548 of 2008(U) -------------------- -------------------------- PETITIONER: ------------------- SANIMOL A.M., AVINAKUZHIYIL HOUSE, MALAYAMKEEZHU, KOTHAMANGALAM. BY ADV. SRI.P.LEELAKRISHNAN SRI.SHYAM KRISHNAN RESPONDENTS: ----------------------- 1. THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. GOVERNMENT OF KERALA, REPRESENTED BY THE CHIEF SECRETARY SECRETARIAT, THIRUVANANTHAPURAM. 3. THE VIGILANCE OFFICER, KIRTADS, KOZHIKODE - 17. BY SPECIAL GOVERNMENT PLEADER SRI.P.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2008, COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------- W.P.(C) No.20458 of 2008 ------------------------------------------ Dated, this the 15th day of July, 2008 JUDGMENT H.L.Dattu, C.J. The learned Single Judge only because more or less similar matters were pending before this Court, has referred this writ petition for our consideration and decision. 2. We have heard Sri.Shyam Krishnan, learned counsel appearing for the petitioner. 3. Petitioner claims Scheduled Caste status in the admission process for Professional Courses 2008, Kerala. The first respondent has rejected the claim on the basis of the report of the Vigilance Officer. Aggrieved by the said order of the first respondent, the petitioner is before this Court for the following reliefs: “(i) to issue a writ of mandamus or any other writ or order or direction to the 1st respondent Commissioner for Entrance Examinations to declare that the petitioner belongs to the Scheduled Caste Hindu Sambava community. W.P.(C) No.20548 of 2008 2 (ii) to issue a writ of certiorari or any other writ or order or direction to the 1st respondent Commissioner for Entrance Examinations to make a correction in the column “category allowed” against the Roll No.165325 of Sanimol A.M. in Ext.P10 by changing the expression “BX OE” to “SC”. (iii) to issue a writ of certiorari or any other writ or order or direction to the 1st respondent to correct the expression “BX OE” in the column “eligible reservation, if any” in Ext.P11 data sheet to 'SC'. (iv) to issue a writ of certiorari or any other writ or order or direction to the 1st respondent to effect all other necessary changes in the records relating to the petitioner by considering her as belonging to the Scheduled Caste Hindu Sambava Community. (v) to issue any other writ or order or direction that this Honourable Court may deem fit to impose in the just disposal of the case.” 4. According to the petitioner, she belongs to Hindu W.P.(C) No.20548 of 2008 3 Sambava community which is a Scheduled Caste community and therefore, she is entitled for certain reservation in the selection process in the Professional Courses. 5. The expert agency/Vigilance Officer has made certain enquiries and he has come to the conclusion that the petitioner does not belong to the Hindu Sambava community. The report of the Vigilance Officer requires to be placed before the Screening Committee and it is the Screening Committee which has to take a final decision on the report of the Vigilance Officer after affording an opportunity of hearing to the petitioner. 6. Sri.P.Santhosh Kumar, the learned Special Government Pleader appearing for the respondents, on instructions would submit that the Screening Committee has already taken a decision in the matter. The order passed by the Screening Committee is not part of the records of this writ petition. If for any reason, the Screening Committee after consideration of the report of the Vigilance Officer has taken any decision which is adverse to the interests of the petitioner, the petitioner is at liberty to question the same before appropriate forum. W.P.(C) No.20548 of 2008 4 7. In that view of the matter, for the present, we decline to entertain this writ petition. Accordingly, the writ petition requires to be rejected and it is rejected. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE vns