IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 WP(C).No. 11945 of 2007(V) -------------------------- PETITIONER(S): --------------- AKHIL.T.K., AGED 18 YRS., S/O.KESAVAN, "KEERTHANAM", (PO) KOLAKATTUCHALI, (VIA) CHELEMBRA, MALAPPURAM DISTRICT-673 634. BY ADV. SRI.P.SANJAY RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY, MINISTRY OF EDUCATION, GOVT. OF KERALA, SECRETARIAT, TRIVANDRUM. 2. THE COMMISSIOENER FOR ENTRANCE EXAMINATIONS, SANTHI NAGAR, THIRUVANANTHAPURAM-01. 3. THE TAHSILDAR, TALUK OFFICE, TIRURANGADI, MALAPPURAM. 4. THE VILLAGE OFFICER, VALLIKUNNU VILLAGE, MALAPPURAM. 5. GOPALAKRISHNAN, VALLIKUNNU VILLAGE, MALAPPURAM. SPECIAL GOVT. PLEADER SHRI.P.SANTHOSH KUMAR & 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 11945/07. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE CERTIFICATE OF THE FATHER. P2. COPY OF THE CERTIFICATE TO THE PETITIONER. P3. COPY OF THE CERTIFICATE DTD.19.3.07. P4. COPY OF THE CERTIFICATE DTD.20.3.07. P5. COPY OF THE HALL TICKET. P6. COPY OF THE HALL TICKET. P7. -DO- P8. -DO- P9. -DO- P10. -DO- P11. COPY OF THE CERTIFICATE DTD.21.2.07. P12. COPY OF THE EXTRACT OF THE RESULT. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 11945 of 2007 ================== Dated this the 26th day of May, 2010 J U D G M E N T After passing Plus Two examination the petitioner appeared for the Common Entrance Examination for the year 2007. He claims to be a member of Kanakkan community, which is accepted as a scheduled caste community in the State of Kerala. The petitioner wanted to claim reservation benefit as a member of a Scheduled Caste. But when the petitioner approached for community certificate, initially it was granted, but the petitioner alleges that the same was scored off and returned to the petitioner. As a result, the petitioner could not claim reservation benefit for admission pursuant to the entrance examination written by him. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “1. issue Writ of Certiorari and call for the records leading to the cancellation of the Community Certificate issued to petitioner. 2. issue a Writ of Mandamus directing the 3rd and 4th respondents to issue Community certificate to petitioner in the form prescribed in Ext.P12. 3. direct the 2nd respondent to consider the petitioner as a SC/ST candidate in the Entrance Examination and grant the benefits due to the members of such community.” 2. From the records of the case, I find that this Court has passed an interim order at the time of admission of the writ petition to w.p.c.11945/07 2 the effect that the 2nd respondent shall provisionally consider the petitioner as a candidate belonging to Scheduled Caste community for the purpose of Common Entrance Examination. This Court had also directed publication of the results of the petitioner in the Entrance Examination. It is submitted that pursuant to the same, the petitioner got admission to engineering course and is now pursuing his studies for the course. 3. Counter affidavits have been filed by the 2nd respondent as well as respondents 3 and 4 refuting the claim of the petitioner that he belongs to a scheduled caste. 4. In view of the provisions of the Kerala (Scheduled Castes & Scheduled Tribes Regulation of Issue of Community Certificate) Act, 1996 (Act 11 of 1996) the claims of persons as belonging to the SC/ST communities have to be verified in accordance with the procedure prescribed under that Act. It does not appear that such a procedure had been undertaken by the respondents in the petitioner's case. Therefore, I am of opinion that presently status quo should be continued pending completion of proceedings under the Act for deciding the caste status of the petitioner. Accordingly, this writ petition is disposed of with the following directions: The petitioner shall be allowed to pursue his studies in accordance with the admission he has already secured in the Common w.p.c.11945/07 3 Entrance Examination in the year 2007. It would be open to the respondents to conduct appropriate proceedings under the above said Act for determining the community status of the petitioner and to take further action pursuant to the said determination in accordance with law. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge