IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 WP(C).No. 27911 of 2008(W) -------------------------- PETITIONER(S): --------------- S.L.DIVYA, AGED 19 YEARS, D/O.LATE KUTTAPPAN, ROHINI NIVAS, NEAR I.T.C. PERUMALA, MANCHA P.O., NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, SC/ST DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-1. 2. COMMISSIONER FOR ENTRANCE EXAMINATIONS, GOVERNMENT OF KERALA, HOUSING BOARD BUILDING, SHANTI NAGAR, THIRUVANANTHAPURAM-1. 3. SCREENING COMMITTEE CONSTITUTED UNDER THE KERALA SC/ST REGULATION FOR THE ISSUE OF COMMUNITY CERTIFICATES - REPRESENTED BY ITS CONVENER, HOUSING BOARD BUILDING, SHANTI NAGAR, THIRUVANANTHAPURAM-1. 4. DIRECTOR, KERALA INSTITUTE FOR RESEARCH, TRAINING AND DEVELOPMENT STUDIES (KIRTADS), KOZHIKKODE. 5. PRINCIPAL, CO-OPERATIVE MEDICAL COLLEGE, KOCHI. 6. PRINCIPAL, ACADEMY OF MEDICAL SCIENCE, PARIYARAM, KANNUR DISTRICT. BY GOVERNMENT PLEADER SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).27911/2008 -------------------- Dated this the 23rd day of September, 2008 JUDGMENT Petitioner was an applicant for the Professional Degree Course in the year 2008 and was assigned rank No. 3251 in the Medical Entrance Examination. Petitioner belongs to Hindu Cheramar Community which is recognized as a Scheduled Caste Community. Petitioner was given admission in the Medical College, Kochi, and she joined there also. In the meanwhile, the caste status of the petitioner was enquired into by the Screening Committee constituted under Act 11 of 1996 and by Ext.P4 order, petitioner's claim that she belongs to Scheduled Caste Community was found against. Petitioner has filed a Revision before the Government as evidenced by Ext.P11 and has also moved an application for stay. In the facts and circumstances, it is only appropriate that the Government takes a decision on Ext.P11. 2. In the result, writ petition is disposed of directing the first respondent to consider and pass orders on W.P.(C).27911/2008 2 Ext.P11 within a period of two weeks from the date of receipt of a copy of this judgment. At any event, Government shall pass orders on the stay petition also produced along with Ext.P11 within the same period. Since the petitioner is stated to have already been admitted to the Course, such admission will be subject to the final decision to be taken by the Government on Ext.P11. V.GIRI, Judge mrcs