IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 WP(C).No. 20395 of 2008(C) ------------------------------------- PETITIONER: ------------------- ANEESH.P.RAJAN, S/O.P.RAJAN, AGED 17 YRS RESIDING AT PADEETHARAYIL HOUSE, PAREMAVU, IDUKKI COLONY.P.O, IDUKKI DISTRICT, REPRESENTED BY HIS FATHER P.RAJAN, AGED 56, S/O.DAMODARAN. BY ADV. SRI.JOICE GEORGE RESPONDENTS: ---------------------- 1. THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATION, 5TH FLOOR, HOUSING BOARD BUILDINGS, SANTHINAGAR, TRIVANDRUM-695 001. 2. THE DISABILITY COMMISSIONER, OFFICE OF THE DISABILITY COMMISSIONER, SECRETARIAT ANNEX BUILDING, TRIVANDRUM. BY SRI.I.V.PREMOD, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ================== W.P (C).No.20395 of 2008 ================== Dated this the 8th day of July, 2008. J U D G M E N T The petitioner applied for admission to professional degree courses in Kerala for the year 2008. The petitioner claims reservation as a person with disability. Along with Ext.P1 application the petitioner submitted a disability certificate as required by the prospectus. However, that disability certificate was dated prior to 12 months immediately preceding the date of application. Since Ext.P5 prospectus contained a stipulation that the disability certificate shall be one issued not earlier than twelve months prior to the submission of application, the petitioner's case was not considered for reservation applicable to persons with disabilities. The petitioner submits that in so far as the disability is permanent in nature, the date of certificate is not relevant for the purpose deciding percentage of disability and therefore irrespective W.P (C).No.20395 of 2008 - 2 - of the date of the disability certificate, the petitioner is entitled to reservation. 2. When the prospectus contains a specific stipulation to the effect that the disability certificate to be produced shall be one issued not earlier than twelve months prior to the submission of application, I do not think that I can direct the 1st respondent to consider the petitioner's claim for reservation, overlooking that condition, when admittedly the certificate produced by the petitioner was not one conforming to the above said stipulation. In fact, I have already dismissed W.P.(C)No.18787/08 and W.P.(C)No. 17966/08 on the same ground. In the above circumstances, I do not find any merit in this writ petition. Accordingly, same is dismissed. S.SIRI JAGAN, JUDGE rhs