IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 WP(C).No. 6149 of 2008(F) ------------------------------------- PETITIONER: ------------------- DR. HARIKUMAR A., LECTURER IN ANESTHESIOLOGY, N-5 QUARTERS, TB MEDICAL COLLEGE CAMPUS, VANDANAM P.O., ALAPPUZHA. BY ADV. SRI.P.V.VENUGOPAL. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, (CHAIRMAN OF THE POST GRADUATE SELECTION COMMITTEE). 2. COMMISSIONER FOR ENTRANCE EXAMINATIONS 2008, OFFICE OF THE COMMISSIONER OF ENTRANCE EXAMINATIONS FOR POST GRADUATION DEGREE AND DIPLOMA COURSE 2008, THIRUVANANTHAPURAM. 3. DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. N. SUDHA DEVI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/04/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.6149/2008-F: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE APPLICATION FORM FOR PG DEGREE AND DIPLOMA COURSE 2008. EXT.P.2: COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY SUPERINTENDENT. EXT.P.3: COPY OF THE COMMUNITY CERTIFICATE ISSUED BY VILLAGE OFFICER, KULASEKHARAPURAM DTD. 21/12/2007. EXT.P.4: COPY OF THE PROSPECTUS FOR PG DEGREE AND DIPLOMA COURSE 2008. EXT.P.5: COPY OF THE DEMAND DRAFT BEARING NO. 579363 FOR RS.800/- DRAWN AT SBT. EXT.P.6: COPY OF THE ADMISSION TICKET ISSUED BY THE R.2. EXT.P.7: COPY OF THE LSIT OF PERSONS APPEARED FROM SERVICE QUOTA. EXT.P.8: COPY OF THE INCOME CERTIFICATE ISSUED BY THE VILLAGE OFFICER, KULASEKHARAPURAM DTD. 21/12/2007. EXT.P.9: COPY OF THE NON CREAMY LAYER GUIDELINES NOTIFICATION NO. 16352/F3/01/SCSTDD DTD. 03/05/2003 & EXT.P.9.A: NOTIFICATION NO. 16352/F3/01 DTD. 03/05/2003. EXT.P.10: COPY OF THE GOVERNMENT ORDER BEARING NO. G.O. MS. 41/85/HWD DTD. 19/06/1985. EXT.P.11: COPY OF THE GOVERNMENT ORDER BEARING NO. G.O. MS. 21/84/HWD DTD. 19/03/1984. EXT.P.12: COPY OF THE PROSPECTUS FOR THE POST GRADUATE/DIPLOMA EXAMINATIONS 2008. EXT.P.13: COPY OF THE RELEVANT PAGE OF THE RESULT OF THE PETITIONER FOR THE ENTRANCE EXAMINATIONS 2008. EXT.P.14: COPY OF THE PERFORMA OF THE INCOME CERTIFICATE OF THE PETITIONER. EXT.P.15: COPY OF THE SALARY CERTIFICATE OF THE PETITIONER ISSUED BY SUB TREASURY OFFICER, AMBALAPUZHA. EXT.P.16: COPY OF THE PENSION PAYMENT ORDER BEARING NO.A GM/IV/T/DTD. 31/12/2007 ISSUED BY SBT KOLLAM MAIN BRANCH. EXT.P.17: COPY OF THE GOVT. ORDER G.O. (P). NO. 15/2000 SCSTDD, THIRUVANANTHAPURAM DTD. 16/02/2000. EXT.P.18: COPY OF THE GOVT. ORDER G.O. (P). NO. 36/2000 SCSTDD, THIRUVANANTHAPURAM DTD. 27/05/2000. EXT.P.19: COPY OF THE GOVT. NOTIFICATION NO. 8206/F3/2000/SCSTDD DTD. THIRUVANANTHAPURAM DTD. 12/06/2000. EXT.P.20: COPY OF THE CIRCULAR NO. 5699/F3/07/SCSTDD, THIRUVANANTHAPURAM DTD. 19/07/2007. W.P.(C). NO.6149/2008-F: EXT.P.21: COPY OF THE GOVT. ORDER G.O. (P)46/2007/SCSTDD DTD. THIRUVANANTHAPURAM DTD. 25/08/2007. EXT.P.22: COPY OF THE LETTER BEARING NO. 15684/E2/86 SCSTDD DTD. 14/10/1986 ISSUED BY SECRETARY TO GOVERNMENT OF KERALA TO THE SECRETARY TO GOVT. OF INDIA. EXT.P.23: COPY OF THE G.O. (MS). NO. 192/85/RD SCSTDD, THIRUVANANTHAPURAM DTD. 23/03/1985. EXT.P.24: COPY OF THE G.O. (MS). NO. 40/91/SCSTDD DTD. 04/11/1991. EXT.P.25: COPY OF THE ANSWER GIVEN BY CHIEF MINISTER. EXT.P.26: COPY OF THE CIRCULAR ISSUED BY THE DISTRICT COLLECTOR, KOTTAYAM OF THE INCOME CERTIFICATE. EXT.P.27: COPY OF THE G.O. (P).32/2003 DTD. 16/07/2003. EXT.P.28: COPY OF THE SCHEDULE OF CLASS II OFFICERS OF MEDICAL EDUCATION DEPARTMENT. EXT.P.29: COPY OF THE SCHEDULE OF CLASS II OFFICERS OF HEALTH SERVICE DEPARTMENT. EXT.P.30: G.O. (P). NO. 4.2008/SCSTDD ISSUED BY SECRETARY TO GOVT. OF KERALA, DTD. 03/01/2008. EXT.P.31: COPY OF THE G.O. (P) 208/66/EDN. DTD. 2/5/1966 D THIRUVANANTHAPURAM GUIDELINES FOR THE ASSESSMENT OF INCOME FOR THE PURPOSE OF ISSUING INCOME CERTIFICATE. EXT.P.32: COPY OF THE G.O. (RT).51/2008/HWD THIRUVANANTHAPURAM DTD. 08/01/2008 GUIDELINES FOR THE PROFESSIONAL COURSES (RELEVANT PAGE). EXT.P.33: COPY OF THE RELEVANT PAGE OF REVENUE DIARY. EXT.P.33: COPY OF THE COMMUNICATION BEARING NO. 18014/F/2000 SCSTDD DTD. 22/09/2000 (IN I.A. NO. 5334/2008). EXT.P.34: COPY OF THE G.O. (MS).304/2006 RD DTD. 28/10/2006. EXT.P.35: COPY OF THE SELECT LIST PUBLISHED FOR THE ADMISSION TO P.G/ENTRANCE EXAMINATIONS 2008. EXT.P.36: COPY OF THE UNAVAILED SEATS UNDER LECTURER QUOTA OF MESQ PUBLISHED FOR THE ADMISSION TO P.G/ENTRANCE EXAMINATIONS 2008. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. T.R.RAMACHANDRAN NAIR, J. ======================= WP(C).No.6149 of 2008-F. ======================= Dated this the 10th day of April, 2008. J U D G M E N T The petitioner is working as a Lecturer in Anesthesiology in T.D. Medical College, Alappuzha. He is an applicant for admission to PG Degree/Diploma course for the year 2008 in the service quota ear marked for Medical Education Service Quota (MESQ). Ext.P1 is the copy of the application. 2. The challenge in the writ petition is against Ext.P8, which is the income certificate issued by the Village Officer concerned, which has deprived the petitioner of admission to the said course. Therein apart from showing the salary income of the petitioner, the salary income of the wife also has been shown. The total sum that is arrived at is above Rs.2,50,000/- provided in the prospectus issued by the competent authority. 3. As far as the community to which the petitioner belongs WP(C).No.6149 of 2008-F. -: 2 :- is concerned, it is enlisted as an Other Eligible Community (OEC). He is a member of fishermen community which fact is evidenced by Ext.P3. Going by clause IX(a) of Ext.P12 prospectus, in case of candidates belonging to SC/ST and SEBC the required minimum marks is 40%. The petitioner appeared for the entrance test wherein he had been assigned 44.4% which is clear from Ext.P13. If the salary income of the petitioner alone is reckoned, it will be below the limit of Rs.2,50,000/- provided as per the prospectus to make him entitled for the admission. 4. In the counter-affidavit filed by the 2nd respondent it is stated that candidates belonging to socially and educationally backward classes having annual family income not exceeding Rs.2,50,000/- are eligible for relaxation in the marks in the entrance examination. It is stated that going by the income certificate issued, the annual family income has been assessed as Rs.3,83,928/- and as the said income exceeds the prescribed limit of Rs.2,50,000/- the SEBC benefit was disallowed and hence he was treated as a general candidate. But as a general candidate he has WP(C).No.6149 of 2008-F. -: 3 :- failed the test as he has not obtained 50% marks as prescribed. 5. The learned counsel for the petitioner submitted that the method adopted by the Village Officer to assess the annual family income by including the income of the wife also is patently against the prescriptions of the relevant Government Orders. Reliance is placed on Ext.P23 and a clarificatory letter Ext.P33 produced along with IA.No.5334/2008. It is submitted that going by the stipulations contained in various Government Orders issued governing issuance of non-creamy layer certificates the income limit is arrived at purely based on the income of the family excluding the spouse. Reference is made to Exts.P26 and P30. 6. It is not disputed that the relevant guidelines for assessment of income for the purpose of issuing income certificate in this case are covered by Ext.P23. The appendix gives the details of the guidelines. The family is defined under clause 2(a) as follows: “(a) Family:- For assessing the income of the family, the term family would mean a family consisting of WP(C).No.6149 of 2008-F. -: 4 :- 1. applicant 2. parents/guardian 3. unmarried brothers and sisters/dependent unmarried sons and daughters living together in the same house, widowed daughters actually dependent on the family.” Going by the same the scheme does not envisage inclusion of the income of the spouse for the purpose of assessing the annual family income. Clause (b) provides that income would mean the regular income actually earned by the family members. Therein also there is no specific provision for including the income earned by the spouse for calculating the regular income earned by the family. In fact, clause (3) provides for considering different sources of income for the purpose of income certificate. Sub clause (i) specifically mentions income from salary. In the relevant clauses as noted above there is no stipulation to reckon salary earned by the spouse along with that of the applicant for the purpose of issuing the income certificate. 7. The learned counsel for the petitioner relied upon the clarificatory letter produced as Ext.P33 along with IA.No.5334/2008. The same is issued by the Secretary to WP(C).No.6149 of 2008-F. -: 5 :- Government, SC/ST Development Department addressed to the District Collector, Malappuram. It is stated therein that when creamy layer certificates are issued and if the applicant is married, for calculating the annual income, the income earned by the applicant (wife/husband) alone shall be reckoned. Therefore it is clear from these that nowhere there is any specific stipulation for adding income of the spouse of the applicant for reckoning the annual income of the family. The competent authority has never envisaged such a situation as is evidenced by various orders issued from time to time. Otherwise it would have been made clear in them that the income of the spouse should be added to the income of the applicant if the applicant is a married person. No other relevant orders to the contra have been brought to my notice also. 8. In the light of the above, the action taken by the Village Officer while issuing Ext.P8 cannot be sustained. If the income of the wife is excluded then the total income is only Rs.1,93,116/- which is well below the limit of Rs.2,50,000/- provided in the prospectus. In that view of the matter it is declared that the WP(C).No.6149 of 2008-F. -: 6 :- petitioner is entitled to be considered for admission in the course PG Degree Diploma in Anaesthesiology pursuant to the admission procedure initiated by the respondents. It is also clear from Ext.P34 produced along with I.A.No.5334/2008 that one seat in MD Anaesthesiology is vacant. Therefore, there will be a direction to the 2nd respondent to grant admission to the petitioner to the said course and appropriate action shall be taken without any delay on production of a copy of this judgment. The Writ Petition is disposed of as above. No costs. (Issue copy urgently) T.R.RAMACHANDRAN NAIR, JUDGE. kvs/-