IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WA.No. 1439 of 2008 ----------------------------- AGAINST THE JUDGEMENT IN W.P.C. NO. 17994/2008 DATED 02/07/2008 .................... APPELLANT: ------------------ ANAA AELIN.V.A., D/O.ALPHONS.V.A., VARVATH HOUSE, NEAR M.M.H.S.S. THRIKAKKARA, KOCHI-682021. BY ADV. SRI.A.MOHAMED MUSTAQUE, SRI.KAUSER EDAPPAGATH, SRI.K.R.AVINASH (KUNNATH), SRI.V.G.SALEESH. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. THE COMISSIONER FOR ENTRANCE EXAMINATIONS, OFFICE OF COMISSIONER FOR ENTRANCE EXAMINATION, TRIVANDRUM-695001. 2. THE TAHSILDAR, KANAYANNOOR, ERNAKULAM. 3. THE VILLAGE OFFICER, VAZHAKKALA, ERNAKULAM. BY GOVT. PLEADER SRI. BENNY GERVACIS. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY & V.K.MOHANAN, JJ. -------------------------------------- W.A.No.1439 OF 2008 ------------------------------------- Dated 11th July, 2008 JUDGMENT Koshy,J . The appellant/petitioner filed an application for appearing in the common Entrance Examination for Professional Degree Courses in Kerala State for the year 2008. She claimed admission under SEBC quota. For the purpose, petitioner has submitted certificate of income in the application form itself. Petitioner approached the Village Officer who certified the income of the family of the petitioner as Rs.3,85,922/=. The salary limit for claiming reservation was Rs.2.5 lakhs. Petitioner's submission is that previous year's income will be reduced in the current year as her father who was employed in FACT retired from service and in Ext.P4 Village Officer has estimated the current year's income Rs.2,15,472/- considering that petitioner's father retired. The petitioner's father was working in FACT and mother was working in Kerala Water Authority. After retirement, whether father will get future income, further employment or whether mother will be getting increments, salary revision etc. are all uncertainties. Considering the Division Bench decision of this court in Meerakutty v. State of Kerala (1991 (1) KLT 208) and considering the difficulties and uncertainties, W.A.1439/2008 2 Government has issued a further Government Order G.O.(MS)No. 304/2006/RD dated 28.10.06 where it was stated that certificate is to be issued for the purpose of admission to Medial and Engineering Courses based on the income for the previous financial year prior to the date of application. In fact, petitioner has produced the income certificate also along with the application and that was considered and authority came to the conclusion that in view of the creamy layer, she is not entitled to the benefit. We are of the view that learned single Judge has considered the matter in the correct perspective. Since we are agreeing with the views of the learned single Judge, we are not reiterating the reasons. The appeal is dismissed. J.B.KOSHY JUDGE V.K.MOHANAN JUDGE tks