IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 WP(C).No. 18815 of 2009(V) ----------------------------------------- PETITIONER(S): -------------------------- ARYA PADMAN, AGED 18 YEARS, D/O.PADMANABHAN M.N., MAVUNKAL HOUSE, KANNAMALI P.O., KOCHI. BY ADVS. MR.SOORAJ T.ELENJICKAL, MR.M.A.JOSEPH. RESPONDENT(S): --------------------------- 1. COMMISSIONER FOR ENTRANCE EXAMINATIONS, GOVERNMENT OF KERALA, HOUSING BOARD BUILDING, SHANTHI NAGAR, THIRUVANANTHAPURAM – 1. 2. THE VIGILANCE OFFICER, VIGILANCE CELL, DIRECTORATE OF KIRTADS, KOZHIKODE-17. 3. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY SPL. GOVERNMENT PLEADER MR. SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI, J. ---------------------------------------- W.P.(C).No.18815 of 2009 ---------------------------------------- Dated this the 9th day of July, 2009. JUDGMENT The petitioner's father belongs to Kudumbi community, which is treated as an OBC and her mother belongs to Kurava community, which is a scheduled caste. The petitioner applied for admission to the professional course, 2009 and in her application to the Entrance Commissioner, she sought reservation as a member of the Scheduled caste-Kuruva Community. The issue was referred to the KIRTADS and the anthropological studies conducted, as evidenced by Ext.P1, shows that the petitioner had been brought up in the milieu and the status of her father. Essentially, therefore, the recommendation is that she must be treated as Hindu Kudumbi, which is an OBC. The petitioner is aggrieved that she is considered as a Scheduled Caste and hence the writ petition praying for appropriate reliefs. W.P.(C).No.18815 of 2009 :: 2 :: 2. Learned Special Government Pleader submits that the petitioner is brought up in the circumstances of her father, and even Ext.P2, which according to the learned Government Pleader, is only a recommendation and the petitioner continued to assert the status of a Scheduled Caste before the screening committee as well. It is, therefore, that a reference has been made to the School records, in which the petitioner's community is shown as Kurava-Scheduled caste. Hence the petitioner was decided to be treated as a Scheduled Caste. 3. It is true that the petitioner had originally claimed the status of a Scheduled Caste. There is no dispute that her mother belongs to Kurava Community, which is a Scheduled Caste. There is also no dispute that her father belongs to Kudumbi community, which is treated as an OBC. Generally, the offspring must be assigned the caste of its father, if the parents belong to different castes. W.P.(C).No.18815 of 2009 :: 3 :: In the present case, Ext.P2 shows that the petitioner's claim was gone into by the competent authority and it was found that the petitioner was brought up in the milieu and status of her father's community. There are no materials to take a different view. The respondent shall treat the petitioner as belonging to Hindu Kudumbi, which is treated as an OBC and shall be assigned appropriate rank in the revised rank list, which shall be prepared in accordance with law. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge