IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 WP(C).No. 20539 of 2010(N) -------------------------------------- PETITIONER: ------------------- AKHIL.U.(MINOR), S/O.UNNIKRISHNAN, AGED 17 YEARS, 24/368, AKHILAM, KUNNATHOORMEDU, PALAKKAD DISTRICT, REPRESENTED BY HIS MOTHER MRS.KUMARI. BY ADVS. SRI.V.A.MUHAMMED, SRI.REFEECK CHENNARA. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM-1. 2. THE SECRETARY, SC/ST DEVELOPMENT DEPARTMENT, TRIVANDRUM-1. 3. THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001. 4. THE DIRECTOR, KIRTADS, KOZHIKODE-17. R1 TO R3 BY GOVT. PLEADER SRI. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.20539 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of July, 2010 J U D G M E N T Petitioner applied for admission to Professional Degree courses for this year claiming reservation as a Scheduled Caste. Petitioner claims that he belongs to the Hindu- Mannan community which has been accepted as a scheduled caste community in the State of Kerala. Petitioner's application for consideration of his candidature as a scheduled caste candidate was considered only provisionally by referring the matter to KIRTADS for enquiry and report in view of the fact that the petitioner is an offspring of an intercaste marriage between a Viswakarma father and a Mannan mother. The KIRTADS conducted an enquiry and submitted Ext.P10 report, wherein it was concluded that all persons in the petitioner's father's family belong to the Viswakarma community and W.P.(C)No.20539 of 2010 -2- the petitioner's mother belongs to Hindu-Mannan community. But it has been found that the petitioner was born and brought up as a Viswakarma among members of the Viswakarma community. Consequently caste of the petitioner was determined following the Division Bench decision of the Supreme Court in Punit Rai v. Dinesh Choudhary [(2003) 8 SCC 204)] which holds that the offspring follows the caste of the father and Full Bench decision of this court in Indira v. State of Kerala [2005 (4) KLT 119 (F.B)] which holds that for claiming SC benefit of intercaste marriage couple, it has to be proved that the candidate was subjected to the same social disabilities applicable to a scheduled caste and was brought up following the same customs and traditions of the Scheduled Caste community. Based on the report of the KIRTADS the Commissioner for Entrance Examinations rejected the application of the petitioner. Petitioner challenges the same. According to the petitioner, petitioner belongs to the Hindu Mannan community after her mother W.P.(C)No.20539 of 2010 -3- and therefore he is entitled to the reservation benefits applicable to a scheduled caste. Alternately he raises a contention that even otherwise his candidature is liable to be considered as applicable to a Viswakarma. 2. I have heard the learned Government Pleader also. He contends that the petitioner's claim in the application was for reservation as a scheduled caste. Once it was found to be incorrect, as per a decision of the Kerala Lok Ayukta, the application itself has to be rejected. He would point out that in Ext.P10 report of the KIRTADS, reasons have been stated as to why the petitioner can be considered only as a Viswakarma candidate. According to the learned Government Pleader petitioner has not been able to produce any material in support of his contention that he is entitled to reservation as a scheduled caste. 3. I have considered the rival contentions in detail. I have carefully perused Ext.P10 report of the KIRTADS. The basic facts stated therein relating to the caste of the petitioner's family members are not disputed by the W.P.(C)No.20539 of 2010 -4- petitioner. All the members of the petitioner's father belong to the Viswakarma community. Of course the petitioner's mother belongs to the Hindu - Mannan community. In such circumstances it is for the petitioner to prove that the petitioner was born and brought up among the members of the Hindu-Mannan community and was subjected to the social disabilities attached to that community. Petitioner has not produced any material whatsoever before this court or before the respondents to prove the same. As such, I am unable to countenance the claim of the petitioner for reservation as a scheduled caste. However, I feel that in view of the peculiar facts and circumstances of the case petitioner's candidature should be considered as a Viswakarma candidate in so far as it has been categorically concluded by the KIRTADS that the petitioner belongs to Viswakarma community. Accordingly this writ petition is disposed of with a direction to the 3rd respondent to consider the petitioner's claim for admission to professional degree courses this year as a Viswakarma candidate. For W.P.(C)No.20539 of 2010 -5- that purpose petitioner's result of the entrance examination shall be published forthwith. S. SIRI JAGAN JUDGE shg/