IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 WP(C).No. 2223 of 2008(M) ------------------------- PETITIONER: ------------- M.MADASWAMY, S/O P.CHINNA MUTHUVEERAN, AGED 45, OTR.NO.15A, IDUKKI COLONY P.O., VAZHATHOPPE, IDUKKI, KERALA STATE. BY ADV. SRI.A.J.JOSE(AEDAIODI) RESPONDENTS: ---------------- 1. THE THAHSILDAR, THODUPUZHA TALUK, TALUK OFFICE, THODUPUZHA. 2. THE PRINCIPAL, MODEL POLY TECHNIC COLLEGE, PAINAVU, IDUKKI DISTRICT, KERALA STATE. R1 BY SPL. GOVT. PLEADER, SRI.C.T. RAVIKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------- W.P(C) No. 2223 OF 2008 ----------------------------------- Dated this the 23rd day of January, 2008 JUDGMENT Heard counsel for the petitioner and the Government Pleader for the respondents. 2. Petitioner submits that he belongs to Hindu Chakkiliyan community, a Scheduled Caste. Petitioner's daughter is a student in the second respondent's college and was admitted to the course in Medical Electronics. Although a caste certificate to the effect that she belonged to a scheduled caste was produced, the petitioner's daughter was not allowed to attend the classes since 14.01.08 for having not produced a caste certificate. 3. It is submitted that an application was made on 05.09.07 before the 1st respondent for issuance of a certificate. Again, at the instance of the 1st respondent, a fresh application was also made on 11.01.08. Petitioner complains that despite of all these, the petitioner's daughter remains outside the class since 14.01.08, as the caste certificate has not been issued. 4. It is in the above background, this Writ Petition has been filed praying for a direction to the 1st respondent to issue a caste certificate as applied for by the petitioner and permit the petitioner's daughter to WPC No. 2223 of 2008 2 attend the class in the meanwhile. 5. Now, from the facts and also from the instructions received by the learned Government Pleader, it is confirmed that the petitioner had applied for issuance of a caste certificate, certifying that his daughter belongs to Hindu Chakkiliyan community. Once such an application is received, it is for the 1st respondent to make enquiry into correctness of the application made and pass appropriate orders thereon. If the claim of the petitioner is accepted, a certificate will have to be issued. However, this is a matter for the 1st respondent to decide. In view of the pendency of the application made by the petitioner and taking into account the urgency of the matter, I direct that the 1st respondent shall consider the application made by the petitioner, conduct enquiry and pass appropriate orders, as expeditiously as possible and at any rate, before 29.01.08. In the meanwhile, the petitioner's daughter will be provisionally permitted by the 2nd respondent to attend the classes. But, however, her continuance in the college will depend upon the final orders to be passed by the 1st respondent on the application for issuance of a certificate. The Writ Petition is disposed of as above. ANTONY DOMINIC, JUDGE btt WPC No. 2223 of 2008 3